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Existing land claims battle heads back to ConCourt

By Juta and Company (Pty) Ltd Published on Friday, 19 October 2018
Tags: #Litigation #Property Law
The battle over the state’s bid to process new land claims while it has not settled those brought 20 years ago is headed for a fresh round at the Constitutional Court, says a report in The Star. Admitting to having failed to comply with the court’s order to re-enact legislation within 24 months to enable processing of new claims, Parliament has pleaded for an extension of the deadline. The state sought to be allowed to process the 163 383 new claims it accepted between 2014 and 2016.

Activists push Ramaphosa for farm evictions ban

By Juta and Company (Pty) Ltd Published on Thursday, 18 October 2018
Tags: #Litigation #Property Law
President Cyril Ramaphosa is yet to uphold a promise made in 2014 to issue a moratorium on farm evictions, GroundUp reports. In November 2014, Ramaphosa, as Deputy President at the time, was quoted by City Press as promising a moratorium on evictions, after he and a delegation of senior Ministers met agricultural and farm labour representatives in Paarl.

Proposal to give landlords business rescue protection

By Juta and Company (Pty) Ltd Published on Tuesday, 09 October 2018
Tags: #Business & Industry Law #Insolvency Law #Property Law
In November 2016, the Gauteng High Court (Pretoria) rejected an application from the SA Property Owners’ Association to amend the Companies Act to give landlords preference over other creditors in business rescue proceedings. Now, says a Financial Mail report, the first substantial amendments to the Companies Act since it was implemented in 2011 – released for comment at the end of September – include a proposal that would give landlords the very rights that were strongly rejected by the High Court.

Selling Your House: Disclosing Defects

By Ashersons Attorneys Published on Monday, 08 October 2018
Tags: #Litigation #Property Law
When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) clause in your sale agreement.

Eviction ruling helps safeguard rights of vulnerable

By Juta and Company (Pty) Ltd Published on Thursday, 04 October 2018
Tags: #Civil Rights #Litigation #Property Law
An eviction notice brought before the Constitutional Court last year provides a test case for safeguarding the rights of the vulnerable in society, says Simon Dippenaar, of Simon Dippenaar & Associates, in an analysis on the Fin24 site. In the original case in the High Court, the 184 occupiers were represented in court by four of their peers, who were referred to as the ‘appearer applicants’.

Community challenges council over ‘exorbitant’ fees

By Juta and Company (Pty) Ltd Published on Tuesday, 02 October 2018
Tags: #Administrative Law #Litigation #Property Law
The access restriction fees in Tshwane were definitely not exorbitant and had been calculated in terms of the municipality’s tariff policy. A Pretoria News report says this is according to the city in its response to the application by Residents Against Crime, which asked the Gauteng High Court (Pretoria) to take the metro to task regarding its ‘unreasonable and exorbitant’ tariffs on access restriction applications (to gated communities).

R500m mall opens despite legal hurdles

By Juta and Company (Pty) Ltd Published on Monday, 01 October 2018
Tags: #Litigation #Property Law
The doors of the Kwadukuza Mall, on KZN’s North Coast, eventually opened on Friday a day later than planned due to legal action. So far it has cost billionaire businessman Vivian Reddy, the developer, R500m to complete the 29 000m² mall, with 80 stores and 900 parking bays, says a Sunday Tribune report.

ANC claims victory on Cape Town water tariffs

By Juta and Company (Pty) Ltd Published on Friday, 28 September 2018
Tags: #Consumer Protection Law #Litigation #Property Law
The ANC is claiming victory in its lawsuit over exorbitant water tariffs against the City of Cape Town, which apparently conceded to its demands, says a Cape Argus report. However, lawyers letters show the city is refusing to agree that it will not cut the water supply of defaulting consumers. The ANC in the Western Cape filed a class action in the Western Cape High Court on behalf of four residents, that seeks to have all water and sanitation tariffs increases set aside.

Nederburg farm wins eviction case

By Juta and Company (Pty) Ltd Published on Wednesday, 26 September 2018
Tags: #Civil Rights #Litigation #Property Law
A former farmworker of Nederburg Wines and his four children have been given three months to vacate the premises where they have lived for 25 years. A Cape Times report says Nederburg Wines won an SCA battle to evict Frans Nero and his adult children from the Paarl farm. Nero had in 2011 tested positive following an alcohol test and was fired. He then went to the CCMA for unfair dismissal, but later withdrew the case.

Clan challenges Ingonyama Trust over Umnini land

By Juta and Company (Pty) Ltd Published on Wednesday, 26 September 2018
Tags: #Civil Rights #Litigation #Property Law
The amaThuli (Luthuli) clan, who live in Umnini on the KZN south coast, say their legal right to the land was taken away when the Ingonyama Trust was established. Now the Legal Resources Centre is helping the community claim back the land and hopes to lodge papers in court in 2019, says New Frame.

District Six showdown moved to High Court

By Juta and Company (Pty) Ltd Published on Tuesday, 25 September 2018
Tags: #Civil Rights #Constitutional Law #Litigation #Property Law
As part of the ongoing struggle in the District Six restitution saga, 26 November is the date set for the matter to be heard in the Western Cape High Court. This after the matter was moved from the Land Claims Court in Randburg. A Cape Argus report says the announcement was made during a mass meeting of claimants at the weekend.

Court halts expropriation of Akkerland farms

By Juta and Company (Pty) Ltd Published on Monday, 17 September 2018
Tags: #Civil Rights #Litigation #Property Law
The Land Claims Court has reversed the high profile expropriation of the Akkerland Boerdery farms in Limpopo, says Rapport. The order was made by agreement after the Department of Rural Development & Land Reform conceded it had not followed the correct procedures to expropriate the farms unilaterally for a compensation figure of R20m certified by the Valuer-General.

Case highlights, willing buyer, willing seller obstacles

By Juta and Company (Pty) Ltd Published on Monday, 17 September 2018
Tags: #Constitutional Law #Litigation #Property Law
The challenges that arise from the willing buyer, willing seller land redistribution practice have been thrown into the spotlight in a Constitutional Court case involving Newcastle subsistence farmers who are challenging the removal of their livestock from a farm in the area, says a report in The Mercury.

Protracted legal battle over Pretoria suburbs

By Juta and Company (Pty) Ltd Published on Monday, 17 September 2018
Tags: #Litigation #Property Law
A protracted legal battle stands in the way of the Bakgatla ba Lekhuleni clan’s attempt to lay claim to large parts of Pretoria. A Mail & Guardian report notes the clan lodged a claim, which includes farms, schools, businesses and more than 500 residential properties, mostly on prime land in the suburbs of Pretoria East, in the Tshwane municipality. The claim, lodged by Chief Victor Velaphi (VV) Lekhuleni in October 1996, is one of thousands made to urban land in SA.

Repossessed homes ruling a victory for owners

By Juta and Company (Pty) Ltd Published on Friday, 14 September 2018
Tags: #Banking & Finance Law #Civil Rights #Litigation #Property Law
A full Bench of the Gauteng High Court (Johannesburg) ruled this week that repossessed homes may no longer be sold at auction without reserve prices – the point below which the property cannot be sold – except in exceptional circumstances. GroundUp notes court rules were changed last year to allow for the setting of reserve prices, but this was applied inconsistently by judges in the Gauteng courts.

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