INTRODUCTION This article considers the legal obligation of municipalities when it comes to sending notices, letters of demand and court documents via e-mail, “snail mail” (ordinary post) and “certified” or “registered” mail. This is important to consumers of municipalities because if the municipality in question fails to serve properly in accordance with law, the demand…
I have attached the draft policy on Inclusionary Housing approved by the Mayoral Committee during December 2018, but not yet brought into force, for your consideration. I received this from Mark Blanckenberg, a partner in conveyancing at Schindlers who specializes in developments. Several property developers, town planners and attorneys (including our own Andre Pienaar) have…
This article details the proposed amendments to the existing Expropriation Act, and the effects thereof.
Below is our latest article, written by Paul-Michael Keichel (Partner) and Caitlin Wilde (Senior Associate). Paul-Michael and Caitlin practice commercial law with Maurice Crespi, in the Crespi Team at Schindlers. If anyone requires any further information in relation to the above, they can contact either Paul-Michael (keichel@schindlers.co.za) or Caitlin (wilde@schindlers.co.za).
Dear all Happy New Year ! and all the best for 2019 from everyone in the Municipal Law Department at Schindlers. To start the year off on a positive note, we confirm that we have received confirmation in writing from COJ’s Valuations Department that it has applied to the MEC for condonation to allow members…
THE LAND HUNGER The attached article considers what ‘the land hunger’ might be in our unique South African context, and poses serious questions that need to be answered before our government can properly formulate a plan to address same. It was written by myself and senior associate Anja van Wijk. Chantelle Gladwin-Wood Read the article…
HOW TO LOG A QUERY/DISPUTE WITH COJ Our latest consumer-friendly article on how to log disputes with COJ is attached for your consideration. (If you don’t see the document below, please try refreshing your browser [F5] ) STRIKES AT BRAAMFONTEIN WALK IN CENTRE (THUSO HOUSE) AND CALL CENTRE See attached notice. Strikes are continuing since…
In the past few days we have received countless queries from customers who have been threatened, via SMS, with cut off without further notice, for a violation or “dishonouring” of their instalment payment arrangement (called an “AOD”) with COJ. This article examines this issue in detail. ( If you don’t see the document below, please…
It’s that time of year again – when COJ starts disconnecting all over the City based on outstanding arrears. This happens because COJ anticipates that people will get Christmas bonuses at the end of November that they can use to settle the arrears. We have seen a marked increase in the past week in the…
Introduction This is part 1 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”). Although one might question why it is necessary to write an article explaining what appears to be such a simple concept, we regularly receive reports of customers not being able to take…
This article considers the legal effect of section 110 of the Systems Act, which is regarded (wrongly) by some municipal officials as an “escape clause” which allows a municipality to produce a certificate certifying that it did its best as evidence of that fact in court. Read the article below: ( If you don’t see…
This article deals with the issue of the security afforded to a municipality in terms of a consumer’s deposit. Please note that this article expresses an opinion on what the law should be, as it has not been definitively decided on this point as of yet. Read the article below: ( If you don’t see…
This article from Schindlers Attorneys 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. Read the full article here: ( If you don’t see the document below, please try refreshing…
The article at the link below considers the legal question of whether a municipality needs a court order to lawfully terminate the supply of electricity/water to a property. http://www.schindlers.co.za/news/municipal-terminations-of-supply-is-a-court-order-necessary/ It was written by Maike Gohl (senior associate at Schindlers) and I on the basis of our experience in court, in particular in relation to urgent…
The Forgotten Requirement of the Mandament van Spolie and its practical application to Landlords and Tenants
LEGALITIES OF COJ IMPOSING ILLEGAL USE TARIFF WITHOUT CHANGING CATEGORY TO ILLEGAL USE CATEGORY ON PROPERTY ROLL We have seen this happening quite frequently. Attached is an article written by myself and Maike Gohl (senior associate at Schindlers) dealing with the legalities (or rather, illegality) of this move, as confirmed by the Joburg High Court….
PARLIAMENT CALLS FOR SUBMISSIONS ON EXPROPRIATION WITHOUT COMPENSATION On Friday 13th April, Parliament called for written submissions by relevant stakeholders on the abovementioned issue. The public notice can be accessed here: https://www.parliament.gov.za/press-releases/constitutional-review-committee-calls-written-submissions. The closing date for written submissions and requests for oral presentation is Thursday, 31 May 2018. Enquiries and written submissions can be addressed to…
Media statement issued by the South African Police Service SAPS warn against posting of false information on social media Pretoria: 10 April 2018 – The South African Police Service has noted with concern various social media posts perpetuating false information. The current social media post going viral alleges that a woman arrested for public drinking…
In recent weeks Schindlers has been in court on countless occasions, arguing that COJ is not entitled to terminate the supply of electricity/water to our client’s buildings where: (i) No pre-termination notice was served; or (ii) There was a valid revenue related dispute pending; and (iii) The client had been paying the undisputed charges (or the average of…
Regulation F6 of National Building Regulations and Building Standards Act, 1977 (as amended on 30 May 2008) (2)(a): No person shall during the course of any building, demolition or excavation work use any machine, machinery, engine, apparatus, tool or contrivance which, in the opinion of the local authority may unreasonably disturb or interfere with the…
SCHINDLERS ATTORNEYS: COJ TRAINING SEMINAR – 2018 GENERAL VALUATION ROLL 22 MARCH 2018 In an aim to empower the public, Schindlers Attorneys is hosting a COJ general Valuation roll training seminar: Thurs 22 March 2018 at SchindlersAttorneys, Notaries & Conveyancers 3rd floor auditorium, 3 Melrose Boulevard, Melrose Arch. Seats are limited, so booking is…
By Charlotte Clarke and Musa Mathebula, Candidate Attorneys and Pierre van der Merwe, Partner Introduction This article examines the appropriateness of the sanction of dismissal of an employee for theft in the workplace, the effect of dismissal of an employee for theft, and the consequences that this may carry for the employee and the employer…
This article was prepared by Chantelle Gladwin-Wood, Partner, Anja van Wijk and Maike Gohl, Associates at Schindlers Attorneys We thank Schindlers for the ongoing contributions for our members information. Should you require any additional information, please do not hesitate to contact : Phindile@Schindlers.co.za Introduction The City of Johannesburg (“COJ”) 2018 General Valuation Roll (“2018 GV”) will be…
When Should a Court Interfere in a Contractual Relationship? Weighing the Principles of Pacta Sunt Servanda and Public Policy. By Christopher Tucker, Partner and Charlotte Clarke, Candidate Attorney Introduction The principle of pacta sunt servanda translates literally as “agreements must be kept” and forms the basis of the common law of contracts. When two parties…
The Companies and Intellectual Property Commission (CIPC) has issued notice that Companies and Close Corporations in contravention of filing annual returns will go into final deregistration on 2 February 2018. The deadline is intended to encourage companies to decide between completing a final deregistration process, for dormant entities, or remaining registered but compliant. The Commission…