Articles Published - Litigation and Dispute Resolution Archives - Page 3 of 7

All About Property | When deadlines matter: Deposit forfeiture and the Conventional Penalties Act

A relatively recent decision of the Johannesburg High Court provides important guidance on the enforcement of deposit forfeiture clauses in sale agreements and the limited role of the Conventional Penalties Act in relieving defaulting purchasers. Crucially, the judgment is a

All About Property | Property rights alert: Does the ConCourt ruling impact your marriage?

In a seminal and highly publicised ruling, the Constitutional Court recently confirmed a critical legal principle directly impacting married couples’ property rights: Once married, you cannot change your matrimonial property regime by private agreement alone. Instead, a court application under

All About Property | Servitudes and parking disputes: Can your neighbour obstruct garage access?

In a case concerning a parking dispute, a recent ruling from the Western Cape High Court offers important clarity on the contours of how neighbours should exercise their rights in relation to a servitude of right of way – and

Pulse | Muslim marriages: Does issuing a talaq after divorce proceedings have been instituted prevent a spouse from claiming maintenance?

Recently, the Western Cape High Court was tasked with considering the legal effect of issuing a talaq – after formal proceedings to end the marriage have been instituted under the Divorce Act – on the application for interim relief pending

Pulse | Assessing ‘cogent reasons’: When can litigants bypass mandatory mediation in Gauteng’s High Courts?

Following the introduction of mandatory mediation in the Gauteng Division of the High Court, a recent judgment in Brondani v Brondani provides important guidance on the application of the Directive introducing Mandatory Mediation in the Gauteng Division and Protocol. While

All About Property | Community scheme disputes: The SCA confirms litigants may skip CSOS and approach the High Court directly

In a seminal ruling, the Supreme Court of Appeal (‘the SCA’) recently settled ongoing uncertainty surrounding the forum in which community scheme disputes should be heard. Providing much-needed clarity, the SCA unanimously confirmed that the Community Schemes Ombud Service Act

Pulse | Law in the digital age: Can an affidavit be commissioned virtually?

A recent ruling in Africa’s Best Foods v ED Food – delivered by a full bench of the Johannesburg High Court – offers a timely assessment of whether an affidavit commissioned virtually complies with South African law. Crucially, the case

Newsflash | Does the CPA apply to residential lease agreements? New SCA judgment provides clarity

Last week, the Supreme Court of Appeal (‘the SCA’) delivered a significant judgment in the context of residential lease agreements and the Consumer Protection Act (‘the CPA’). In Els v Venter, the SCA definitively confirmed that the CPA does not

All About Property | Does a mixed-use building with residential and commercial components require an EPC?

In a follow-up to our previous article on EPC compliance, and in light of the fast-approaching compliance deadline, this article helpfully outlines when owners of mixed-use buildings that contain both residential and commercial components may be required to publicly display

All About Property | The case of the intrusive security cameras: When crime concerns and privacy rights collide

In a recent judgment involving the contested positioning of home security cameras in a wealthy Cape Town suburb, a full bench of the Western Cape High Court reaffirmed that the constitutional right to privacy includes one’s outdoor living spaces –