Law Reports
Telkom is bound
17 September 2020
Telkom SA SOC Limited (Telkom) and other holders of rights held ito section 22 of the Electronic Communications Act must comply with municipal bylaws before exercising those rights when installing comunications infrastructure.
Turley Manor
11 June 2020
Turley Manor Body Corporate v Pillay and Others -CSOS adjudications in ST disputes: parties must understand the differences between bringing an appeal and bringing a review against a finding of the Ombud.
Sandvliet
21 November 2019
Extension of Security of Tenure Act 62 of 1997 – s 6(2)(dA) – meaning of ‘reside’: depends on facts of each case and includes use of a graveyard historically used by a family.
Error in persona
24 October 2019
Buyers misrepresentation of true identity: a material mistake (error in persona), resulting in a null and void sale because of no ‘real agreement’ or consensus to pass transfer.
Binding options
10 October 2019
An option relating to an offer for the sale of land need not be in writing, but the offer itself must have been reduced to writing when the option was granted, for it to be binding.
Preferential marketing agreements
26 September 2019
Deon Welz discusses a recent SCA decision regarding HOAs granting preferential marketing rights to estate agencies in return for a percentage of the sales value of the property.
Registration a necessity
26 September 2019
Jack Crook covers two recent Supreme Court of Appeal cases which deal with specific types of home builder but are a timely reminder to all builders to comply with the HCPMA Act.
No way Jose
19 September 2019
A verbal contract for the sale, exchange or donation of land, or of any “interest in land” – such as a right of way, is invalid – Jack Crook discusses a recent case.
Terry v Solfafa
19 September 2019
A desperate attempt to avoid the consequences of accepting an OTP, based on only one spouse having signed the OTP, and a ‘successful sale’ of property meaning its ‘registration of transfer’.