Taming Medusa
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Taming Medusa

By Chantelle Gladwin, Partner and Gary Boruchowitz, Candidate Attorney         Introduction This article highlights the most important legal principles to come out of past and present cases dealing with the impact of section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 (“the Act”), with the aim of summarising the…

Town Planning and Appeals in Johannesburg
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Town Planning and Appeals in Johannesburg

By Maike Gohl, Associate and Jonathan Salant, Candidate Attorney Introduction This article summarises the Court’s finding in the case of Pieterse NO v Lephalale Local Municipality (CCT184/16) [2016] ZACC 40 (10 November 2016) (hereinafter “Pieterse”) relating to appeals to the provincial authority for decisions taken by municipalities on town planning issues. Facts The Applicants were…

Illegal Buildings
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Illegal Buildings

Introduction This article examines the legal rights of property owners and occupiers when dealing with illegal buildings (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, or title deed condition or restrictive covenant). The Law This…

Does A General Valuation Roll Ever Close?
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Does A General Valuation Roll Ever Close?

Introduction This article examines the legal question of whether a general valuation roll ever ‘closes’, such that no further objections can be lodged to the information contained on it. Why do we care? Sometimes property owners (or other interested parties) only discover that a property has been incorrectly over or undervalued, or categorised, for the…

The Bolting Horse
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The Bolting Horse

By Chantelle Gladwin, Partner and Kholofelo Sekele, Candidate Attorney Introduction The metaphor that the “horse has bolted” has been used frequently by our courts, although not with a consistent result. This article examines some of the different ways that our courts have applied the “bolting horse principle” – namely the principle that one ought not…