Legal Articles and Guides
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Land occupiers from Tswelopele Extension 8 in Tembisa, east of Johannesburg, are applying for an interdict in the Gauteng High Court (Pretoria) to prevent the Ekurhuleni Metropolitan Police Department (EMPD) from evicting them, according to a GroundUp report.
A claim over an alleged fraudulent sale of a motor vehicle is set to return to court soon after the customer approached the Eastern Cape High Court (Makhanda) again, in a move which could lead to civil action amounting to millions in damages against Wesbank.
In a judgment that TechCentral says has significant consequences for the telecommunications industry and homeowners, the SCA has overturned a lower court’s judgment, in favour of Telkom, ruling that Vodacom is entitled to access its rival’s ducts.
Private gated estates are entitled to draw up their own rules, including setting speed limits on internal roads and imposing ‘fines’ for exceeding them, the SCA ruled yesterday, according to a TimesLIVE report.
The lights in Makhanda will stay on for now after Eskom and Makhanda residents and businesses put together a High Court-sanctioned plan to force Makana municipality to pay its massive and overdue debt to the power utility. A Daily Dispatch report notes the Grahamstown Residents’ Association, Grahamstown Business Forum and individual businesses resorted to court for an urgent interdict to stop Eskom from implementing its threat to switch off the bulk electricity supply to Makana municipality which owes it more than R80m.
Disputes with neighbours take many forms, and they can quickly escalate into costly and expensive litigation. So nipping them in the bud will always be first prize, and when it comes to fights over construction activity – whether it be a whole new building or additions/alterations – a good place to start is with municipal approval of building plans. Without such approval, construction cannot as a general rule proceed.
In donating over 270ha valued at R26m to the Rustenburg municipality, Anglo American Platinum (Amplats) hopes to change the conversation around land reform in SA, says a Business Day report. But a detractor said the move is a drop in the ocean if mining is to truly redress its legacy of displacement and dispossession in SA.
The deputy mayor of Cape Town refused to meet housing activists who occupied a Cape Town golf course yesterday. Reclaim the City protesters demanded the presence of Ian Neilson at Rondebosch Golf Club, but he reportedly told TimesLIVE he would not respond to threats.
The Gardens Lodge Body Corporate has been found to have charged a complex unit owner a ‘patently exorbitant’ rate on outstanding levies and/or interest. A Cape Times report says Norbert Ketzer challenged the body corporate in the SCA on an amount of R233 383 – with interest at the rate of 34.8% per annum – compounded monthly for September 2012 until July 2014.
Raubex Construction – contracted by Eskom to build an office – has won an appeal in the SCA against Bryte Insurance, which refused a payout during construction. A Cape Times report says in 2013, Raubex secured the contract and subcontracted a portion of the works to Peak Star 133, trading as Dolphin Construction.
A Cape Town public school has been fined for operating unlawfully for 113 years. However, Oakhurst Girls Primary, in Rondebosch, will have no difficulty paying the penalty imposed by a City of Cape Town Planning Tribunal, as it has been set at R0.
The Constitutional Court has ordered the Commission on Restitution of Land Rights to prioritise land claims lodged in 1998 over those lodged between July 2014 and July 2016. A Cape Times report notes Parliament recently failed to enact a new Restitution of Land Rights Amendment Act, and the top court yesterday dismissed an application by the Speaker of the National Assembly and the chairperson of the NCOP for an extension of an interdict against the processing of claims lodged between 2014 and 2016, pursuant to drafting a new land claims Act.
The owner of a cat who is adamant that it is unfair discrimination to rule that residents may keep dogs, but not cats, is having to defend his case in the Gauteng High Court (Pretoria). A Pretoria News report notes there is discontent among the residents of Ireland Gardens in Centurion, who feel that cats pose a nuisance as they cannot be contained.
Thousands of military veterans are fighting a bid by the Municipal Councillors Pension Fund (MCPF) to liquidate a North West property developer to protect their stake in two vast tracts of land valued at R850m, says a Weekend Argus report. MCPF curators have applied to the Western Cape High Court to have Isago@N12 Development liquidated for failing to repay about R137m.
A recent decision handed down by the Constitutional Court in the matter of Amardien and Others v Registrar of Deeds and Others  ZACC 47 confirms the steps to be taken by a seller before he may unilaterally cancel an instalment sale agreement.