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South Africa decisions
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Theo Dicke (Pty) Ltd v Machete Snr and Another (LCC 22/2012) [2013] ZALCC 2 (23 January 2013)
The court held that the second respondent unlawfully built a new dwelling on the farm without consent and granted demolition, vacating, and restraint orders.
Frater NO and Others v Drakenstein Municipality and Another (6214/2010, 19763/2010) [2011] ZAWCHC 149 (17 February 2011)
The court found that the order made against the Trust was prohibitory, not mandatory, and that the Trust had unlawfully permitted the operation of a restaurant on its premises without the requisite statutory approvals. The lease concluded with Windfall 32 Restaurant (Pty) Ltd was invalid, as the Trust could not pass lawful rights it did not possess. Recognition of such a lease would sanction the very conduct the legislature intended to prevent. The Trust's argument that it could not comply with the order due to the lease was rejected, as the lease itself was a nullity. The court held that non…
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Mitchell v Die Beheerliggaam RNS Mansions (34386/08) [2010] ZAGPPHC 44; 2010 (5) SA 75 (GNP) (4 June 2010)
The court held that the Sectional Titles Act and its regulations, specifically rule 31(6) of Annexure 8, authorise the trustees of a body corporate to charge interest on arrear amounts, which includes compound interest on unpaid levies and interest. The statutory framework provides sufficient authority for such charges, and the fiduciary duties of trustees may require them to do so to avoid loss to the body corporate. The applicant failed to establish that the trustees did not resolve to charge interest or that the rate was improperly determined. Furthermore, the National Credit Act does not…
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Moslemany v Unilever PLC and Another (LD102/06 , D102/06) [2006] ZALC 6; [2006] 12 BLLR 1167 (LC); (2006) 27 ILJ 2656 (LC) (18 August 2006)
The Labour Court held it had jurisdiction over an urgent employment dispute involving Unilever entities, dismissed procedural objections, and referred factual disputes to oral evidence.
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