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Case Note: Mathale v Linda and Another [2015] ZACC 38

Summary The Applicant unlawfully resided on a property in a township (“the Property”) and was in undisturbed possession of that Property for a period of 20 (Twenty) years. The Property was subsequently allocated and transferred to the First Respondent, by the Ekurhuleni Metropolitan Municipality (“the Second Respondent”), following the formalisation of the township. The Applicant
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Case Note: South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)

Summary BACKGROUND On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband; who was a member of the Appellant. The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
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Case Note: Orthocraft (Pty) t/a Advanced Hair Studios v Musindo and Another (J1636/15) [2016] ZALCJHB 12 (14 January 2016)

Summary The Applicant and the Second Respondent both conduct business within the cosmetics industry. The First Respondent was under the employ of the Applicant until her husband was involved in a car accident, which lead to her resignation in July 2015. The First Respondent’s employment contract contained a restraint of trade clause. Two other employees
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A Role for Both Parents in a Child’s Life

The Times. Friday January 8, 2016 Megan Harrington-Johnson, a partner at Schindlers Attorneys, looks at the question of the primary residence of children after divorce, noting a move away from the old assumptions of the mother as the primary caregiver. In this article, I do not want to delve too deeply into the concept of
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CASE NOTE : ELLIS AND ANOTHER V CILLIERS N.O AND OTHERS (16936/11) [2015] ZAWCHC 145 (9 October 2015)

SUMMARY The case deals with an application which was brought to court on an urgent basis in 2011 for the restitution of the plaintiffs’ purchase price and the defendants’ property: a wooden house (the “res vendita”) due to structural defects (unlevel floors and ceiling). The Court a quo referred the matter to trial during which
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