What kind of Security do Municipal Deposits give a Municipality?

By Chantelle Gladwin-Wood, Partner and Dominique Lloyd, Associate Introduction This article considers the legal question of whether a deposit of money made by a tenant with a landlord on the one hand, or a deposit of a customer of a municipality/Eskom on the other, constitutes a pledge in terms of our law. This is important
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Expropriation # 2: Tenants and Occupiers

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction There are many controversial questions regarding Expropriation Without Compensation (“EWC”) doing the rounds, some of which are (purposely) being sensationalized by the media (and especially social media) to increase readership. This article is one of a series on expropriation and looks at some of
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What to do with a Tenant’s Leftovers

By Anja van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind. In support of Womens’ Day tomorrow, all references to persons will be in the feminine, but must be understood as
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Self-help Evictions

By Maike Gohl, Senior Associate and Anja van Wijk, Senior Associate Introduction This article discusses the possible repercussions of landlords that undertake “self-help” evictions when it comes to removing occupants from their properties. Self-help evictions are attempts at removing anybody from a property without the necessary court order, and are also called unlawful evictions.  
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Business Rates for Residential Properties

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate   Introduction This article examines the instances in which the City of Johannesburg Metropolitan Municipality (“COJ”) charges residential property owners business rates, the legality thereof, and what a consumer faced with such a problem can do about it.   Legal Basis for Levying Rates The relevant
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Pacific Paramount Properties (Pty) Ltd v Michael Adrian Burchell t/a Top Wash and Another (8418/2018) [2018] ZAWCHC 124 (19 September 2018)

SUMMARY Pacific Paramount Properties (Pty) Ltd (the Applicant) applied for the eviction of the Respondents from commercial premises in Camps Bay. The Western Cape High Court (the Court) considered whether the Applicant lacked the locus standi to sue for the eviction of the Respondents by virtue of a cession contained in a mortgage bond. When
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Morudi and Others v NC Housing Services and Development Co Limited and Others [2018] ZACC 32 (25 September 2018)

SUMMARY Background A group of individuals in the Northern Cape had acquired NC Housing Services and Development Co Limited (the “Company”) that was to be utilised as a company to pursue commercial ventures in the Northern Cape. A dispute arose between Mr Mosalasuping Morudi (the “First Applicant”) and 70 other Applicants (collectively referred to as
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Readam SA (Pty) Ltd v BSB International Link CC and Others 2017 (5) SA 184 (GJ); [2017] 2 All SA 902 (GJ)

SUMMARY In April 2016, the Supreme Court of Appeal (“SCA”) upheld a High Court judgment and ordered that the defendant, (“BSB”), partially demolish a building that they had constructed on an erf in Parkmore. The SCA found that the construction was unlawful as it did not meet the requirements of the applicable Town Planning Scheme,
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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)

SUMMARY This appeal concerned the consolidated appeals against two eviction applications. The Respondent, Magic Vending (Pty) Ltd applied for the eviction of the Appellants from their respective units. The court a quo granted the eviction of the Appellants, on the ground that they had failed to make payment of rental amounts to the Respondent. On
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Deeds Office v Municipalities: The 60 Day Rule and Rates Clearances

Introduction This article examines the legal and practical effect of Chief Registrar’s Resolutions 2 and 4 of 2018, which prescribe that a rates clearance certificate (“RCC”) is only valid for the purposes of facilitating the transfer of the property in the Deeds Office for a period of 60 days from the date of issue thereof,
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