Case summary written by Wade Jacobs and checked by Ayanda Katjitae 20 April 2021 Background In this matter, the Applicants (“Rappa”) approached the court on an urgent basis for an interim order that the Respondent (“SARS”) make payment of VAT refunds which SARS had withheld from it, pending a review of SARS’s decision to withhold

A case summary written by Danisha Naidu and checked by Heather Hepburn Background Mr Pather (the “Appellant”) was successfully sued in the court a quo by Wakefields Real Estate (Pty) Ltd (the “Respondent”) which was duly represented by its employee, Ms Gunpath. The Appellant was sued for the payment of the estate agent’s commission as

Case summary written by Blake Liam Hamilton and checked by Khotso Mmatli. Background On 13 October 2017, Bruce Gordon McMillan (“the “Appellant”) instituted an action in the Eastern Cape Division of the High Court, East London (the “Court a quo”), against Bate Chubb & Dickson Incorporated (the “Respondent”) for damages for breach of an oral

Written by and Frank Sebatana and Chantelle Gladwin-Wood March 2021 Background Many South Africans would have heard about Section 25 of the Constitution of the Republic of South Africa (‘the Constitution’) which provides any and all inhabitants of South African the right to property and constitutional protection of said property. However, recently, the South African

Case summary written by Avyakta Sing and checked by Kirsten Chetty Background Mr Jacobson (“the Applicant”) is a medical doctor who was an employee of the Respondent, VITALAB medical practice. The Applicant was a founding director and shareholder of the Respondent as well as a director and shareholder of the property company, Strawberry Bush (Pty)

By Alisha Naik, Associate Designate and Simone Jansen van Rensburg, Associate 14 April 2021 Introduction Since the implementation of the national lockdown (“Lockdown”) as a result of the Covid-19 pandemic, certain contraventions of the Regulations (“Lockdown laws”) governing the Lockdown have created new criminal offences for which an individual may be criminally convicted. South Africa,

Written by and Alisha Naik and Dean Scher, Candidate Attorneys; and Chantelle Gladwin-Wood, Partner 14 April 2021 Introduction This article explains the need for a change to the law to permit electronic service of documents by the sheriff. The authors hereof drafted a petition to the Minister of Justice and Constitutional Development (“the Minister”) to

Case summary written by Nombuyiselo Mvelase and checked by Kyle Venter Background Mr Rossouw (“the accused”) allegedly assaulted his mother (“the complainant”) on the 29th of September 2019 by hitting her with a beer bottle on her head. The accused was charged in terms of section 105 of the Criminal Procedure Act 51 of 1977

Written by and Alisha Naik and Dean Scher, Candidate Attorneys; and Chantelle Gladwin-Wood, Partner 13 April 2021 Introduction This article is written off the back of a petition drafted by the authors hereof to the Minister of Justice and Constitutional Development (“the Minister”) to amend the Justices of the Peace and Commissioners of Oaths Act

Case summary written by Phumzile Rabula 6 April 2021 Background and Summary Ms Petropulos (the appellant) and Mr Dias (the respondent) owned adjoining properties in Camps Bay, Cape Town. The properties were located on a steeply sloped mountainside. In March 2008, Ms Petropulos commenced excavations on her property, near the boundary of Mr Dias’ property,