Justin graduated from Stellenbosch University with a BCom Law in 2009 and an LLB in 2011. His specialisations include Commercial Litigation; Alternate Dispute Resolution; Construction Disputes; Property Related Litigation; Collections. Magistrates’ Court, High Court and Appeal Court Litigation. Property related litigation, including title deed restriction disputes, sale and lease related disputes, alternate dispute resolution (Consumer Protection Act and Rental Housing Act), evictions. Collections, including banking law and bridging finance. Commercial litigation, including National Credit Act, Housing Consumers Protection Measures Act, Customs and Excise Act, insolvency and contractual disputes. Construction disputes, including litigating on behalf of contractors and employers arising out of the JBCC Building Agreements and bespoke construction law agreements. Justin has published various articles and both published on LexisNexis Property Law Digest: Rouwkoop – a common misconception, LexisNexis Property Law Digest Vol 22 Part 1 March 2018 and The effect on the CPA on cancelling a residential lease, LexisNexis Property Law Digest Vol 22 Part 2 June 2018.

Thought of the Week | One Wrong Does Not Justify Another

It is a well-established principle of our law that you may not take the law into your own hands. A landlord, for example, may not simply change the locks to premises rented in a dispute with the non-paying tenant; or a landowner change the codes to an electronic gate giving his neighbour access to a servitude road in a disagreement about the terms of use of the road.

In such instances, the mandament van spolie, or spoliation action, affords the person deprived of possession otherwise than through a legal process, the opportunity to apply to Court to have the property returned to him, without the Court looking at the merits of the case at that stage. All the plaintiff needs prove is that it was in peaceful and undisturbed possession of property and was deprived of that possession.

For recent case law where these principles were applied, see here or contact our offices on info@stbb.co.za should you require assistance.