REJ - Feb 2021

COMPANY DEREGISTERED: WHO GETS THE OWNERLESS PROPERTY? – 19 February 2021

Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020) [2021] ZAFSHC 34 (19 February 2021)
Deregistration of companies failing to comply with statutory requirements has become the order of the day, and the consequences of bona vacantia (ownerless property devolving to the State) is real…

DESPERATE TIMES, DESPERATE MEASURES FAIL – 8 February 2021

Motsima and Another v Kopa and Others (2122/2019) [2021] ZAFSHC 21 (8 February 2021)
A cash-strapped homeowner, fearing the bank will repossess his property, searched on Google for assistance. He found the assistance by way of the offer of a sale of his property and then a re-purchase thereof, within a certain period. ..

THE TRUSTEES ARE NOT DOING THEIR JOB – 6 February 2021

Haitas v Froneman and Others (1158/2019) [2021] ZASCA 1 (6 February 2021)
Our courts are often called upon to adjudicate in matters relating to a trust’s management. The present judgment is another, dealing with a request by the sole beneficiary for removal of trustees because they are not ’doing their job’…

THREE SHADES OF SPOLIATION – 11 February 2021

Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021)

Spoliation is sometimes perceived as an odd remedy: how can the fact of possession of, for example, premises or access to electricity, be ‘protected’ by the law despite the fact that the person in possession is ‘in the wrong’?…