ANJA VAN WIJK
Senior Associate

LLB (UP)

PRACTICE AREAS
Municipal Law
Commercial Law
Pro Bono
Property Law

+27 (0) 11 448 9600
vanwijk@schindlers.co.za

THE LANDLORD’S HYPOTHEC

INTRODUCTION It is widely acknowledged that the landlord largely gets the short end of the stick when it comes to landlord-tenant law and that more often then not, the tenant’s rights are stronger than a landlord’s right. In trying to bring equilibrium to this issue, our law has a specific remedy for the landlord in
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SONWABO DLAKIYA v THE STATE (A167/2019) [2019] ZAWCHC 159 (22 November 2019)

SUMMARY Sonwabo Dlakiya (“the Appellant”) pleaded not guilty to one count each of housebreaking with intent to rob (“count one”) and robbery with aggravating circumstances (“count two”) to which he was later convicted for by the Trial Court. The facts giving rise to the matter were as follows, the Appellant broke into the house of
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Does the Mandament Van Spolie Protect Commercial Tenants?

It was emphatically confirmed by the Supreme Court of Appeal in Eskom Holdings SOC Ltd v Masinda that the mandament van spolie (“the mandament”) does not have a “catch-all” function and that it cannot operate as a remedy to restore possession of electricity/water supply to a property in a contractual dispute where the right to
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Expropriation # 3: The Land Hunger

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”).   This article asks what the ‘land hunger’ is that EWC is supposed to address as a part of the broader program
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Motala v the Master (313/13) [2013] ZASCA 185 (29 November 2013)

SUMMARY During July 2003, the first appellant, Motala, being one of the joint liquidators of Cement Board Industries (Pty) Ltd (“CBI”), instituted an action, along with his colleagues and fellow joint liquidators, against the fifth respondent, Boake Incorporated (“Boake”), and the sixth respondent, Mr Kevin Wiles (“Wiles”). The action was still ongoing in August 2010
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Expropriation #1: Amendments to Section 25?

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The threat of the apparent introduction of expropriation without compensation (“EWC”) into South African law is causing a lot of anxiety among many South Africans, particularly property owners. There are many controversial questions doing the rounds, some of which are (purposely) being sensationalized by the
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Evidence Supporting Municipal Valuation Objectives

Introduction The authors have been flooded with queries from concerned citizens asking “what kind of valuation report must I attach to my valuation objection?”.  This note attempts to address this issue within the context of the law relating to municipal valuations in South Africa. What should the municipal valuation be? It should be ‘market value’
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