ONE WRONG DOES NOT JUSTIFY ANOTHER
Taddese and Others v Peer NO and Others (5250/2016) [2016] ZAKZDHC 26
(4 August 2016)
Most property practitioners know the legal maxim that one may not take the law into one’s own hands. But how does this work practically? If a tenant breaches the provisions of the lease and a subsequent acknowledgment of debt, can the landlord lock the gate giving access to the premises as the tenant’s occupation was illegal? The judgment explains how the mandament van spolie, the action supporting the maxim, works in such a scenario.
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The Judgment
Summary of the Judgment
DEBTORS: REMEMBER THE HAT YOU ARE WEARING
Hong Kong Land Investments CC and Others v Standard Bank of South Africa Limited and Another (70641/2014) [2016] ZAGPPHC 911
(21 October 2016)
Often when investing in property, a purchaser will for business or other reasons choose to buy in the name of an entity rather than in his personal capacity. It is important then to remember, as illustrated in this matter, that many of the consumer protection provisions of the National Credit Act, such as prior notification of the steps that the creditor will take and the debt relief measures available, is not an option for the borrower.
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The Judgment
Summary of the Judgment
