By Kyle Venter and checked by Lauren Squier       Background The Applicant in this matter is Mr. Mlungisi Ndoda Sontsele (“the Lessor”), who is the registered owner of Erf 83, Flagstaff (“the Property”) together with his mother who has usufructuary rights over the Property.  The First Respondent is 140 Main Street, Kokstad Properties CC, a

Case summary written by Megan Brook and checked by Simone Jansen van Rensburg Background facts The members of the Association of Mineworkers and Construction Union (“AMCU”) referred a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) against their employer, Murray and Roberts (Pty) Ltd (“Appellant”) in pursuit of being granted organisational rights.  First

By Megan Brook and checked by Jayna Hira Main issue The constitutional validity of reasonable and moderate chastisement by a parent to their child. Background The matter began as a trial of assault with intent to do grievous bodily harm in the Johannesburg Magistrates Court whereby a father abused his 13 (thirteen) year old son

By Frank Sebatana, Candidate Attorney and Checked by Jayna Hira, Associate        1. Introduction  With proper knowledge and a structured application any deceased estate can, be settled with the least amount of difficulty. Herein is a brief guideline explaining what is a deceased estate; How it must be reported and how to winding

By Celeste Frank and checked by Jordan Dias            BACKGROUND This appeal concerns the assets of the estate of the late Mr Phago (“the Deceased”) who died intestate on 22 December 2012. Ms Matsatsi Monyepao (“the Appellant”), and Ms Mokgaetji Ledwaba (“First Respondent”) both claim to have been married to the Deceased,

By Elani Vogel and checked by Wesley Pons           Background In this matter, Café Chameleon, a Cape Town based restaurant (“the Applicant”), approached the Western Cape High Court on an urgent basis for a declaratory order that its insurance company, Guardrisk Insurance Company  (“the Respondent”), is obliged to indemnify it as a

By Snazo Tuswa and checked by Jordan Dias       Background The matter is premised on the provisions of section 33 (1) of the Arbitration Act 42 of 1965 (“the Act”), which provides for the setting aside of an arbitration award by a competent court, where- any member of an arbitration tribunal has misconducted

By Sean Buskin and checked by Khotso Mmatli   Background This case concerns an application by Magoveni Pharmaceutical (Pty) Ltd (the “applicant”) to review and set-aside an arbitration award, granted by the arbitrator in favour of Pick ‘n Pay Retailers (Pty) Ltd (the “first respondent”). The arbitrator is cited in the review proceedings as the

By Jarrod Van Der Heever and checked by Danmari Duguid Background An extradition agreement exists between South Africa and the Kingdom of eSwatini (“the Kingdom”). In accordance with the agreement, authorities of the Kingdom requested that Senzo Motsa (“the Applicant”), be surrendered to them in order to face several charges, including a charge of murder.

By Lisa Schmidt (Associate) and Ayanda David Katjitae (Associate)    Introduction  In this article we will discuss how the provisions of the Financial Intelligence Centre Act No. 38 of 2001 as amended (“FICA”), Property Practitioners Act 22 of 2019 (“PPA”) and the Rental Housing Amendment Act 35 of 2014 (“Rental Housing Act”) apply to: lease/sale