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VOETSTOOTS AND THE CONSUMER PROTECTION ACT

INTRODUCTIONSince the promulgation of the Consumer Protection Act on 1 April 2011 (CPA) there has been debate as to whether the voetstoots clause is permitted by the CPA. This article serves as an argument in the first instance that the CPA does not apply to the vast majority of residential immovable property sales and in
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NOTIONAL INPUT TAX CREDIT: FIXED PROPERTY ACQUIRED BY A VAT VENDOR FROM A NON-VAT VENDOR

INTRODUCTION Where a VAT Vendor acquires fixed property from a Non-VAT Vendor, such transaction is subject to Transfer Duty at the prescribed rates. Prior to 10 January 2012, the purchasing VAT-Vendor was (under certain circumstances) able to claim the transfer duty paid in respect of the acquisition from SARS as a notional input tax credit.
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UPDATE : HOW TO CANCEL A RESIDENTIAL LEASE

INTRODUCTION This is an update to the article published under the same title in 2015 by Renand Pretorius and Chantelle Gladwin-Wood with a renewed emphasis (by Anja van Wijk of Schindlers) on how the provisions of the Consumer Protection Act affect the issue.  There are a number of different laws that impact residential lease agreements.
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MTINDE v SHERIFF JOHANNESBURG EAST AND OTHERS (J1104/2018) [2019] ZALCJHB 316 (29 October 2019).

SUMMARY The dispute concerns a writ of execution in respect of a taxed bill of costs, which Lumko Mtinde (“the Employee”) sought to stay by launching an urgent application, pending the outcome of an application to review and set aside the taxed bill of costs. The chronology preceding the writ of execution saw the Employee
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AMALUNGELO WORKERS ‘ UNION AND OTHERS v PHILIP MORRIS SOUTH AFRICA (PTY) LIMITED AND ANOTHER (CCT20/18) [2019] ZACC 45 (26 NOVEMBER 2019)

BACKGROUND The Applicants are Amalungelo Workers’ Union (and 75 of its members) who were employed by Philip Morris South Africa (Pty) Ltd and Leonard Leonard Dingler (Pty) Ltd, the Respondents. The Applicants alleged that the Respondents have, in contravention of section 34 of the Basic Conditions of Employment Act (“BCEA”), deducted tax (in respect of
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