Q1: What does section 5(3) mean when it says a lease is “deemed to include terms”? In general terms, section 5(3) provides that certain standard terms are treated as part of a residential lease (and are enforceable in a competent court), even if the parties did not expressly write them…
Rental Housing Act (Act 50 of 1999) Prohibition on unfair discrimination by landlords The Act makes it unlawful for a landlord to unfairly discriminate against a prospective tenant (or an existing tenant), including members of the tenant’s household or visitors. This applies in advertising, during lease negotiations, and throughout the…
Case Summary Name of case Bezuidenhout v Road Accident Fund (2192/2023) [2026] ZAECPEHC 1 (29 January 2026) I. Summary of the facts The plaintiff sued the Road Accident Fund for damages following a collision on 28 August 2019 on the R330 road between Hankey and Humansdorp. The plaintiff, driving a…
Mooi Plaats Solar Power v Bovlei Boerdery Trust Citation: Mooi Plaats Solar Power (RF) (Pty) Ltd v Bovlei Boerdery Trust and Another (2025-164852) [2026] ZANCHC 9 (30 January 2026) Court: High Court, Northern Cape Division, Kimberley Judge: TYUTHUZA AJ Topic: Mandament van spolie – urgency thereof – requirements Source: Full…
Buying into a sectional title scheme may have benefits like shared costs of security and maintenance. The maintenance of the common property and other expenses like building insurance hinges on the payment of levies by every owner. What happens when an owner stops paying? A 2024 adjudication order from the…