In Mafikila & Others v Elundini Local Municipality & Another [2025] ZASCA 142, a unanimous bench found in favour of tenants residing in a property in respect of which the Local Municipality, without notice to the tenants, discontinued the supply of...
When the sale of a property falls through, things can get complicated, especially if the buyer and seller cannot agree on who is to blame for the cancellation. This kind of disagreement is called a disputed cancellation, and it can create legal and financial headaches...
It is common in offers to purchase (“OTPs”) in respect of immovable property for conditional clauses to be included. These conditional clauses frequently deal with the raising of the capital necessary to pay the purchase price. Our law requires that any acquisition of...
When someone passes away in South Africa and they owned immovable property (like a house or land), special legal steps must be followed before that property can be transferred to an heir or a buyer. Transferring Property from a Deceased Estate in South Africa These...
In the recent Constitutional Court Case, Ekapa Minerals (Pty) Ltd and Another v Sol Plaatjie Local Municipality and Others [2025] ZACC 1 (“Ekapa”), a unanimous judgment handed down by Gamble AJ, dealt with two important concepts. The first being the interpretation and...
In the case Body Corporate The Straight v Katisi (Case number 2023/031774 – unreported), Windell J in the High Court of South Africa (Gauteng Local Division, Johannesburg) handed down a judgment in January 2025, which offers some relief to beleaguered body corporates....
