The Application of Rule 46A in relation to the Execution of Residential Property owned by Juristic Persons.

Article by Katleho Selepe, Candidate Attorney, checked by Kyle Venter and released by Maike Gohl, Partner at Schindlers Attorneys 11 July 2022 Introduction The laws of the Republic of South Africa demand that sufficient protection is afforded to judgment debtors who are at the risk of having their residential property executed on. Rule 46A, as
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The Application of Rule 46A in relation to the Execution of Residential Property owned by Juristic Persons.

Article written by Katleho Selepe, Candidate Attorney, checked by Kyle Venter, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 15 July 2022 Introduction The laws of the Republic of South Africa demand that sufficient protection is afforded to judgment debtors who are at the risk of having their residential property executed on. Rule
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Nhleko v Gauteng Department of Education (JS910/15) [2020] ZALCJHB 9 (21 January 2020)

Article written by Avyakta Sing, Candidate Attorney, checked and released by Kyle Venter, Associate at Schindlers Attorneys. 24 February 2022 Background The Gauteng Department of Education (“the Respondent”) was Mr. Nhleko’s (“the Applicant”) employer. He referred a dispute to the Education Labour Relations Council (the “ELRC”) when his employment was terminated, stating that he was
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The Rental Housing Tribunal: All Bark and No Bite?

Article written by Nombuyiselo Mvelase, Candidate Attorney, checked by Kyle Venter, Associate, and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys. 21 February 2022 Introduction The Rental Housing Tribunal has been described as being “all bark and no bite” in the sense that it does not have the authority to compel parties to act in
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THE ‘MAGIC’ IN TERMINATING FIXED PERIOD (MONTH TO MONTH) LEASE AGREEMENTS IN TERMS OF THE CPA AND RHA

Article written by Kyle Venter, Candidate Attorney and Chantelle Gladwin-Wood, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 25 August 2021 INTRODUCTIONIn a prior article (available at https://www.schindlers.co.za/news/makah-v-magic-vending-pty-ltd-ngolo-v-magic-vending-pty-ltd-a325-2016-a326-2016-2017-zawchc-142-2018-3-sa-241-wcc-16-may-2017/) we explained the court’s finding in Makah v Magic Vending (Pty) Ltd (“Makah”), in which the court confirmed the principle that month to month leases
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The consequences of early cancellation of a lease agreement

cancellation of a lease agreement
Article was written by Nombuyiselo Mvelase, Candidate Attorney, checked by Kyle Venter, Candidate Attorney and released by Mike Gohl, Senior Partner at Schindlers Attorneys. 6 August 2021 Introduction The Covid-19 pandemic has impacted all spheres of society and lease agreements are no exception to this. Many lessees have been forced to cancel their lease agreements
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The appointment of a Curator for the purposes of protecting those that are mentally incapacitated.

Article written by Frank Sebatana, Candidate Attorney, checked by Kyle Venter, Candidate Attorney, and released by Maike Gohl, Partner at Schindlers Attorneys. 14 June 2021 INTRODUCTION In terms of the Administration of Estates Act 66 of 1965, a curator is defined as, “any person who is authorized to act under letters of curatorship granted or
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S v Rossouw (C10532019) [2021] ZAWCHC 54 (24 March 2021)

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
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Monteiro and Another v Diedricks (119/2019) [2021] ZASCA 015 (2 March 2021)

Case summary by Katleho Selepe and checked by Kyle Venter. BACKGROUND The First Appellant is Jose Acquino Monterio (herein referred to as “Monterio”) The Second Appellant is Autoglen Motors (Pty) Ltd (herein referred to as “Autoglen”) The Respondent is Kenneth Leonardo Diedricks (herein referred to as “Diedricks”) Diedricks obtained a spoilation remedy from the High
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Levy Collection Process in Sectional Title Schemes

By Lisa Schmidt, Assosiate, Kyle Venter, Candidate Attorney, and Marc Gevers, Candidate Attorney INTRODUCTION Amidst the uncertainty faced during the Covid-19 pandemic, a question that is often asked by homeowners within sectional title schemes is whether or not levies, which are ordinarily payable, will still be payable. WHAT ARE LEVIES?[1] Firstly, it is necessary to
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