By Anja Van Wijk, Senior Associate and Kyle Venter, Candidate Attorney 23 November 2020 Introduction Who is responsible for structural, internal and external repairs or maintenance on a rental property? Usually, the lease agreement entered into between a landlord and tenant would govern where liability falls. If the lease agreement is silent, or there is
Case summary written by Kyle Venter and checked by Anja van Wijk 15 October 2020 BACKGROUND               The Appellant in this matter is Llewellyn Jo-Peter Philander. The Appellant is also the current owner of the property known as Erf 4288 Darling (“the Property”). The First Respondent is Chadley Makiet (“the occupant”), the occupant is currently residing
Case summary written by Marc Barros Gevers and checked by Kirsten Chetty. Background The parties in this matter are as follows: the First Applicant is the School Governing Body of Uitzig Secondary School (“the First Applicant”); the Second Applicant is Uitzig Secondary School (“the Second Applicant”); the First Respondent is the MEC for Education, Western
By Lauren Squier, Associate and Kyle Venter, Candidate Attorney Introduction This article seeks to clarify the term “subrogation” and what this means to you as the insured. The central topics of discussion are primarily, what subrogation is, the doctrine of subrogation under English law, the insurers right to subrogation and the requirements for subrogation.   In
By Kyle Venter and checked by Lauren Squier       Background The Applicant in this matter is Mr. Mlungisi Ndoda Sontsele (“the Lessor”), who is the registered owner of Erf 83, Flagstaff (“the Property”) together with his mother who has usufructuary rights over the Property.  The First Respondent is 140 Main Street, Kokstad Properties CC, a
By Kyle Venter and checked by Lauren Squier          Background The Applicant in this matter is Work Force Solutions. The Applicant is a training academy and a placement agency with its focus on training individuals for placement in health care institutions, the retail industry, the service station industry and business in general.
By Kyle Venter, Candidate Attorney, Dingumuzi Ndhlovu, Associate and Lisa Schmidt, Associate Introduction  This article seeks to examine the legal requirements for the lawful use of electronic signatures. It will focus on the use of electronic signatures in the legal industry. 1. Why a focus on the Legal Industry? Unlike most industries that have embraced
SUMMARY THE PARTIES The Applicant in this matter is Capitec Bank Ltd, a registered credit provider in terms of the National Credit Act 34 of 2005 (“NCA”) (herein referred to as the “Applicant”). The First Respondent is Sebastien Alarik Alexanderson, a registered debt counsellor. The Second Respondent is Agnes Hendrika Botes, the consumer under debt
By Kyle Venter, Candidate Attorney and Anja van Wijk, Senior Associate Introduction This article explores the legal implications of a recent notice gazetted by government on the 24th of March 2020. The notice comes in light of the recent developments unfolding in South Africa emanating from the COVID-19 outbreak, which has now been declared a
SUMMARY THE PARTIES The First Applicant, Crosspoint Property Investments (Pty) Ltd, was granted a tender by the Gauteng Department of Human Settlements to develop the broader area on which the Second Applicant’s properties are situated. The development is in terms of a project that intends to yield thousands of units of integrated housing and associated