Reflections On Law – May 2021

SERVITUDEPASSIVITY PRINCIPLE VS DUTY TO PERFORM IMPOSED ON A PROPERTY SUBJECTED TO A SERVITUDE In the case of QUEST PETROLEUM (PTY) LTD (“Quest”), MARLENE WALTERS and VAN ZYL’S GARAGE CC Case No 16225/2017 High Court Western Cape Division; a so called “product servitude” was registered on the land attempting to impose a duty on the land…

Reflections On Law – March 2021

INTERNATIONAL LAW-ENVIRONMENTAL CASES INCREASINGENGLISH SUPREME COURT GRANTS CONSENT FOR NIGERIAN POLLUTION CASE TO BE HEARD IN ENGLISH COURTS AND A GENERAL INCREASE IN CLIMATE LITIGATION1. ENGLISH SUPREME COURT RULING On the 12th of February the English Supreme Court ruled that two Nigerian communities may bring a legal claim for damages against Royal Dutch Shell (“Shell…

Reflections On Law – February 2021

TRUSTEES APPOINTMENTS & REMOVALFAMILY DISPUTE DOES NOT JUSTIFY THE REMOVAL OF A TRUSTEE! The Supreme Court Case Haitas v Froneman and Others(2021 ZASCA 1 6 January 2021) does not create any new legal rule but provides an overview  on what is required for trustees to be removed from office by way of a court order.…

Reflections On Law – January 2021

RESPECT THE WORKERBEHIND A SERVICE CONTRACT STANDS A HUMAN BEING The history of labour relations unfortunately includes the very sad chapter of slavery. Slavery was recognized and practiced in nearly all parts of the world. As slaves were human beings the laws surrounding them included numerous rules which are, in today’s world, difficult to comprehend…

Reflections On Law – December 2020

Covid 19 Clauses “Force Majeure”Reflections On Law – December 2020 The COVID-19 pandemic has had an enormous impact on society and will keep on impacting all of us until the illness has been brought under control…. but what about contractual obligations in these times? What if someone is prohibited to perform in terms of a…

Reflections On Law – November 2020

DISPOSALS BY COMPANIES OF ALL OR THE GREATER PARTS OF ITS ASSETSSEC.112 AND 115 OF THE COMPANIES ACT 71 OF 2008 Sec.112(2) of the Companies Act states: “A company may not dispose of all or the greater part of its assets or undertaking unless- (a) the disposal has been approved by a special resolution of…

Reflections On Law – October 2020

EXCLUSIVE USE AREA IN SECTIONAL TITLE SCHEMEGARDENS IN SECTIONAL TITLE SCHEME NOT REGISTERED AS EXCLUSIVE USE AREA BUT EXCLUSIVELY USED BY CERTAIN OWNERS-WITH UNFAIR CONSEQUENCES!1. In the High Court Case of Turley Manor Body Corporate v Pillay (Gauteng Local Division) (10662/18 2020 ZAFSHC 54 6 March 2020) the facts were shortly the following Mr. Pillay…

Reflections On Law – September 2020

“SUPPORT THY NEIGHBOUR’S LAND”INTERESTING CASE ON THE OBLIGATION TO SUPPORT YOUR NEIGHBOUR’S PROPERTY In the Supreme Court of Appeal Petropulos v Dias (1055/2018 (2020) ZASCA 53) the facts were briefly the following: Ms. Petropulos and Mr. Dias (amongst others) owned adjoining properties in Camps Bay on a steep mountain slope. During March 2008 Petropulos undertook…

Reflections On Law

INTERESTING CASE ON “PRIOR SALES” “SUBJECT TO SALES”WHAT IS A “SUCCESSFUL SALE” IN A CONTRACT MADE SUBJECT TO THE SELLING OF THE BUYER’S PROPERTY? Many sale agreements are subject to the successful sale of the buyer’s house; but what does that actually mean, legally? Does it simply mean that the buyer’s house has been sold?…