National Director of Public Prosecutions v Wood and Others (2019/40451) [2020] ZAGPJHC 264 (26 October 2020)

Article written by Savera Singh, checked and released by Celeste Frank, Associate at Schindlers Attorneys. 31 August 2022 BACKGROUND On 18 November 2019 the National Director of Public Prosecution (“the Applicant”) obtained a provisional restraint order (“the provisional order”) against the parties’ pursuant to the provisions of Section 26 of the Prevention of Organised Crime
Read more
No Comments

The City of Johannesburg’s 2018 Supplementary 5 General Valuation Roll

Article written by Chantelle Gladwin-Wood and Maike Gohl, Partner at Schindlers Attorneys. 31 August 2022 Introduction The City of Johannesburg’s (“COJ”) 2018 Supplementary 5 General Valuation Roll (“2018 Supplementary 5 GV”) was released for public inspection and comment on 31 August 2022. It will remain open for inspection and objection until 7 October 2022. The
Read more
No Comments

Constitutional Ruling on the Recognition of Muslim Marriages in South Africa

Article written by S’negugu Dlamini, checked and released by Jordan Dias, Associate at Schindlers Attorneys. 19 August 2022 Introduction On 28 June 2022, the Constitutional Court (“Con Court”) handed down judgment in an application brought by the Women’s Legal Centre Trust (“WLCT”) to confirm an order of the Supreme Court of Appeal (“SCA”). The order
Read more
No Comments

The Trustees for the time being of Hunter Family Trust v Duin-en-See (Pty) Ltd and Others (5035/2017) [2022] ZAWCHC 141 (26 July 2022)

Companies owning immovable property and operating a share block scheme Article written by Erin Gradidge, checked by Divina Naidoo, Associate, and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys. 12 August 2022 BODY OF ARTICLE: Introduction The Transfer of shares in a company owning immovable property and operating a share block scheme only gives
Read more
No Comments

THE DUTY TO DISCLOSE

INTRODUCTIONThis article briefly explores the duty of the seller and the property practitioner to disclose defects to prospective purchasers when selling immovable property, and the parameters of this duty. DISCLOSURE AND PROPERTY PRACTITIONERSThe duty of an estate agent with regards to the issue of disclosures is set out in Regulation 34.3.2 of the Property Practitioners
Read more
No Comments

VIDEO SURVEILLANCE WITHIN THE CONFINES OF THE LAW

Article by Lesai Seema, Candidate Attorney, checked and released by Chantelle Gladwin-Wood, Partner 8 August 2022 INTRODUCTION In the speaking notes delivered by Police Minister General Bheki Cele at the occasion of the release of the Quarter Four Crime Statistics 2021/2022 hosted in Pretoria on Friday 3 June 2022, the minister noted another increase in
Read more
No Comments

“We Don’t Need No Education”: COJ’s New Rates Policy 2022.2023

By Chantelle Gladwin-Wood, Partner and Erin Gradidge, Candidate Attorney 3 August 2022 Introduction The City of Johannesburg (“COJ”) updated its Rates Policy (as it does annually) in late May 2022 and removed the “education” category, which has appeared in prior rates policies from 2008 to date. There is presently no “education” category in the current
Read more
No Comments

KUMALO V CYCLE LAB (PTY) LTD (31871/2008) [2011] ZAGPJHC 56

Image Rights Article by Lesai Seema, Candidate Attorney, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys. 3 August 2022 INTRODUCTION In casu, the honourable judge Boruchowitz J deals with image rights, more specifically whether the publication by the defendant of the plaintiff’s photograph constitutes an iniuria. The Plaintiff is Julia Basetsana Kumalo (“Mrs.
Read more
No Comments

The Application of Rule 46A in relation to the Execution of Residential Property owned by a Trust

Article by Katleho Selepe, Candidate Attorney, checked and released by Dianne Reddy and Maike Gohl, Partner at Schindlers Attorneys Introduction Rule 46A of the Uniform Rules of Court (“the Rules”) regulates the execution against residential immovable property. Rule 46 came to effect in response to the South African courts approach regarding factors to be considered
Read more
No Comments

THE BASIC EDUCATION LAWS AMMENDMENT BILL – Published in the Government Gazette on 06 December 2021

Article by Savera Singh, checked and released by Jordan Dias, Associate at Schindlers Attorneys THE BASIC EDUCATION LAWS AMMENDMENT BILL The Basic Education Laws Amendment Bill (“the Bill”), which was presented in Parliament on 10 January 2022, seeks to amend, inter alia, the South African Schools Act 84 of 1996 by introducing new regulations around
Read more
No Comments