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 ([email protected]) or Caitlin ([email protected]).
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…
On 30 October 2017, the Competition Appeal Court found that Hosken Consolidated Investments Limited (“HCI”) does not require any further merger approvals from the competition authorities in relation to the proposed transaction in terms of which it will transfer certain of the gaming assets of one of its subsidiary’s (Niveus) into the Tsogo Group in…
By Chantelle Gladwin-Wood, Partner and Maike Gohl, Associate at Schindlers Attorneys Constitutional Rights The South African Constitution guarantees a right of access to water (but not a right to water itself). What this means is that the South African Government (through its municipalities) is obliged to provide access of water to everyone in South Africa,…
SCHINDLERS ATTORNEYS: CO] BILLING DAY 24 OCTOBER 2017 In an aim to empower the public, Schindlers Attorneys is hosting a CO] Billing Day 24 October 2017 at its office in Melrose Arch For businesses or properties with CO] billing problems in Sandton and surrounding areas. At the Billing Day any member of the public can…
By Chantelle Gladwin-Wood, Partner and Gary Boruchowitz, Associate Introduction This article considers the various reasons that a consumer might not be receiving his or her municipal invoice and includes some tips and recommendations for resolving these problems. Read the full article here: (If you don’t see the article below, please refresh your browser)
The Implications of the Constitutional Court Decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31 By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at…
Introduction This article considers the legal question of whether a municipality can submit an application for the rezoning of land that it owns to itself, consider that application in the first instance itself, and thereafter consider an appeal in respect of that application itself. These are essentially the facts of the case currently before the…
RE: JUDGMENT HANDED DOWN 29 AUGUST 2017 IN CONSTITUTIONAL COURT CHANTELLE JORDAAN AND OTHERS V CITY OF TSHWANE METRPOLITAN MUNICIPALITY AND OTHERS CASE NUMBER: CCT 283/16, 293/16 AND 294/16 BACKGROUND The applicants in this matter were various consumers of various municipalities. They had been refused the supply of services to their properties, or had had…
This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind.
Introduction This article explains the different ways that landlocked owners can acquire rights to traverse the land of others, in order to reach their own land. Landlocked It sometimes happens that property owners are unable to reach their own land from a public road without driving over the land of another person. It might also…
This article examines the arguments put before the Constitutional Court in the “New Ventures” matter relating to whether a conveyancer (or another party) is under a duty to disclose historical municipal debt to purchasers before transfer of a property to that purchaser. The Constitutional Court is expected to hand down judgment in the next few…
Argent Industrial Investment (Pty) Ltd Vs Ekurhuleni Metropolitan Municipality A presentation by Maike Gohl, Associate at Schindlers Attorneys. What does prescription mean? • It means that the law considers charges have prescribed as being too old to enforce the creditor’s right to collect. • In most cases a creditor can still demand payment of prescribed charges and…
Introduction After the “abuse of the trust form in business dealings” as pronounced on in the case of Land and Agricultural Bank of SA v Parker and another1 the Chief Master has issued a directive that requires that all trusts registered for the first time or that are considered “family business trusts” appoint an independent…
Introduction This article considers the amendments introduced by the recently promulgated Financial Intelligence Centre Amendment Act No. 1 of 2017 (the “FIC Amendment Act”) and the effects in relation thereto. The Amendments require that Institutions understand their relationships with their customers rather than only identifying them and, accordingly, apply the appropriate risk mitigation controls. Read…
Introduction With an estimated 3 million drivers defaulting on E-toll payments and an alleged 6 286 summonses prepared by SANRAL, this article examines whether any of the E-toll debt owed by the defaulting drivers may have prescribed, and whether non-payment of that prescribed debt could result in criminal prosecution by SANRAL. Does E-toll debt prescribe?…
This article looks at what kinds of reasons might justify the expropriation of land, in our Constitutional democracy.
This article explains what notarial bonds are, and how they operate in the South African context to secure loans. With the economy worsening, the number of defaults are up. Creditors need to take whatever security they can to secure themselves. Notarial bonds can be very useful in this regard. Read or download the full article…
Introduction This article discusses what type of “internal remedies” might apply in relation to a consumer’s dispute with the municipality about municipal debt, and how and when these internal remedies need to be exercised before approaching a court for assistance in resolving the dispute. Read or download the full article here: (if you don’t see…
This article has been produced on special request, as COJ appears to be cutting off residential water supply often. We hope that you find this useful. We would like to thank Mr Joe Rabin and the trustees of the Body Corporate of Edina Court, for their willingness to take the City on, and establish a…
Dear Members We are receiving a lot of queries from consumers affected by COJ’s regionalization project. In essence, COJ is moving the billing function from its head office in Braamfontein, to its regional offices located all over Joburg. This is causing some consumers to get more than one invoice in one month, and some payment…
At a media briefing in February 2017, the Minister of Social Development, Bathabile Dlamini said: Abuse of drugs remains a concern for all of us and this has been reiterated by President Zuma in his SoNA. As a caring government, we have put measures in place in the fight against the scourge of drug abuse. Amongst…
Introduction This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigour to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation. Read the full article here:
FREE CONSULTS WITH SCHINDLERS REGARDING VALUATION ISSUES FOR EXISTING CLIENTS We have received many requests for assistance with valuation related disputes as there are currently three open valuations rolls (in Tshwane, Ekurhuleni and COJ), and the deadline for filing of objections in relation to these rolls all close shortly. We have decided to call for…