Article by Chantelle Gladwin-Wood and Maike Gohl, Partners at Schindlers Attorneys This article examines the legal issue of when a disconnection of electricity or water by a municipality will be lawful. Dispelling the Myth Many people think that a municipality is not entitled to disconnect one service if that service is fully paid up (but
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
INTRODUCTIONThe purpose of this article is to explain the laws and policies that determine how property rates and other services are charged to erven that do not have residential homes on, but form part of the garden of a person’s residence. TYPICAL EXAMPLE The problem discussed in this article most commonly arises where a person’s
INTRODUCTIONProperties on which residential sectional title schemes or apartment blocks are built must be billed by the City in a manner that takes into account the number of ‘dwelling units’ or ‘flats’ at the property.This is because in terms of our law, each ‘unit’ or ‘flat’ is entitled to 6 free kl of water per
INTRODUCTION This is an update to the article published under the same title in 2015 by Renand Pretorius and Chantelle Gladwin-Wood with a renewed emphasis (by Anja van Wijk of Schindlers) on how the provisions of the Consumer Protection Act affect the issue.  There are a number of different laws that impact residential lease agreements.
Introduction This article deals with liability for incorrectly billed municipal charges where a tenant does not have its own municipal account, and the charges for services consumed by the tenant at the rental property are billed to the landlord, who then passes them on to the tenant.The Impossible Triangle Let’s consider an example where the
Introduction  Urban delinquency is a term coined by our offices to describe the growing trend by occupants and owners of ignoring or openly violating municipal by-laws, health and safety laws, environmental laws, building laws and zoning laws in densely populated urban areas. This article explains how some of the more typical violations of these important
BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
SUMMARY The Appellant, Eskom Holdings SOC Limited (hereinafter “Eskom”) sought an order from the Supreme Court of Appeal, determining whether the Respondent, Ms Masinda (hereinafter “Masinda”) was entitled to a spoliation order due to the disconnection of the electricity supply to Masinda’s immovable property in the Eastern Cape. Court a quoAs a result of the
SUMMARY Spilhaus Property Holdings (Pty) Ltd and 18 Others (the “Applicants”) are the lawful owners of units in a sectional title scheme, situated in Cape Town (the “Sectional Title Scheme”). Mobile Networks (Pty) Ltd (the “First Respondent”) and Alphen Farm Estate in Constantia (Pty) Ltd (the “Second Respondent”), are the Respondents in the above matter.