Current Articles
Constitutional and Administrative Law
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
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.
General Commercial Law
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.
Company Law
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.
Murder vs culpable homicide: Was there an intention to kill?
(
12 March 2010
)
It was initially reported that Molemo Maarohanye, better known as Jub Jub, and his co-accused, Themba Tshabalala, would be charged with culpable homicide, and many were shocked when prosecutor Liezl van Jaarsveld told the magistrate the pair faced four murder charges, two attempted murder charges, one count of reckless and negligent driving and another of driving under the influence of alcohol.
FIFA and the media: an uneasy relationship
(
04 March 2010
)
Despite the FIFA World Cup being just a few months away from kick-off, the question of what the media will be allowed to report in relation to the event remains unresolved. The South African National Editors Forum (SANEF) recently approached FIFA regarding certain issues arising from the FIFA Terms and Conditions to which accredited journalists are required to adhere in order to cover the event. Most of the issues raised by SANEF have not been addressed and prove problematic for journalists during the World Cup in that they have the effect of restricting critical reportage on the World Cup.
New Legislative Developments
(
06 December 2009
)
The National Environmental Laws Amendment Act
The National Environmental Laws Amendment Act 14 of 2009, makes substantive amendments to the suite of national environmental management Acts.
New Legislative Developments
(
06 December 2009
)
The Protection of Personal Information Bill
Webber Wentzel will be hosting a client seminar on the Protection of Personal Information Bill in February 2010. More information will be made available closer to the time.The Protection of Personal Information Bill, 2009 ("the Bill") was tabled in Parliament on 25 August 2009 and is expected to be brought into law next year.
The Protection of Personal Information Bill, 2009 ("the Bill") was tabled in Parliament on 25 August 2009 and is expected to be brought into law next year.
