Current
General Commercial Law
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Defence of prescription raised where a cession of a policy in compliance with a contract of sale occurred and where the contract proved to be voidWhere rights are ceded, the parties to the contract of cession probably often do not realise that two types of cessions may occur: so-called “out and out” cession, or a cession in
securitatem debiti.Enforceability of an option to purchase business premises
In
Spearhead Property Holdings Ltd v E & D Motors (Pty) Ltd (214/2008) [2009] ZASCA 70, Quantum Leap Investments 230 (Pty) Ltd let premises in a shopping centre to Expectra 534 (Pty) Ltd. The written lease agreement contained a clause that the tenant was granted an option to purchase the leased premises, plus an additional area in the centre, within two years.
Constitutional and Administrative Law
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Legitimate expectation – procurement processes abruptly changed after two yearsHow should the aims of cost cutting and efficiency be balanced against the right of an existing stakeholder in a less-efficient process to be treated fairly?
Municipalities’ responsibility in ensuring access to housing
When a group of informal settlers moved onto land after the property they lived on was flooded, the owners of the land applied for an eviction order.
Access to sufficient water – prepayment water meters
How should a municipality go about ensuring that it adheres to its constitutional and statutory duty to provide affordable water to poor residents on a sustainable basis?
Disconnection of electricity supply – administrative justice; access to housing
If tenants pay their electricity bills as part of their rent accounts and keep up their payments, but the landlord is in arrears with payment of the electricity bill that he receives from the relevant municipality and the municipality then disconnects the electricity supply, what is the tenants’ remedy?
Media Law
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Public access to Judicial Service Commission hearings on Judge HlopheIn
Mail & Guardian Limited and Others v Judicial Service Commission [2009] ZAGPJHC 29, the South Gauteng High Court once again reaffirmed the public's right to be informed of issues concerning the integrity of public officials.
Insurance Law
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Sufficiency of proof of loss – vehicle written off in collision – no expert testimony
How is the amount of damages to be assessed where a vehicle was written off in a collision and the post-collision value was taken to have been a percentage of the so-called book value of the vehicle?
Company Law
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Application to avoid dissolution of liquidated company
The facts of
Cronje v Hillcrest Village 2009 (6) SA 12 (SCA) were as follows.
Waterkloof Spruit Projects (Pty) Ltd ("Waterkloof") purchased an erf from the Pretoria City Council in 1994 to develop it as an upmarket security village.
