COMMON LAW PRINCIPLES: VERBAL MANDATE TERMINATED AT SHORT NOTICE
Liberty Group Limited and Others v Mall Space Management CC t/a Mall Space Management (644/18)  ZASCA 142 (1 October 2019)
Under common law, a mandate is generally terminable at the will of the principal and unless specifically provided for, a notice of intention to terminate is unnecessary. Could the agent, whose oral mandate was terminated given 5 days’ notice, call on principles of Ubuntu to demand a 6 month notice period? The Judgment can be viewed here.
MANDAMENT GRANTED AGAINST PROSPECTIVE TENANT
Rae’s Property CC v Lucky F O Automobile (Pty) Ltd and Another (28949/2019)  ZAGPJHC 319 (6 September 2019)
The mandament van spolie is a remedy that ensures the restoration, before all else, of unlawfully deprived possession to the possessor. A classic example is that in certain circumstances, even a thief may use this remedy to hold onto goods, if the deprivation occurred unlawfully. This matter deals with the application of this principle, where a prospective purchaser and tenant moved into premises before an agreement was concluded.The Judgment can be viewed here.