Law Blog

The monetary jurisdiction of the Magistrate’s Courts will increase from the 1st June 2014. Courts for districts that presently have jurisdiction in matters not exceeding R100 000,00 will have jurisdiction up to an amount of R200 000,00. Courts for Regional Divisions...

‘n Afrikaanse seminaar oor Landdroshof siviele praktyk word op 14 Maart 2014 in Paarl aangebied. Die seminaar handel met die toepassing van die nuwe reëls, probleemareas en toepaslike nuwe regspraak. Verskeie aspekte waaroor tot nou toe onduidelikheid bestaan het,...

Practitioners are increasingly perturbed about the intolerable inconsistency in evictions. They cannot advise clients and are literally confronted with a roulette table when going to court : matters are generally determined on equity and the values of the particular...

Seminars on civil procedure in the Magistrate’s Court with special reference to the latest rule amendments, will be held country-wide soon. The dates for Paarl and Cape Town are below. Dates and venues for other centres will be announced soon. Cape Town 13 March 2014...

Do the courts always adequately consider if their eviction orders are executable? Why is there a growing inconsistency between judgements in eviction matters? At the core of the controversy is the discretion a court has when applying the “just and equitability”...

Ex-mortgagors of immovable property who are faced with eviction following execution sales often allege that they are in the process of applying to rescind the judgment in respect of which the subject property was sold in execution. They then apply for a postponement...

An attorney confronted with an instruction to commence eviction proceedings is faced with a daunting task. It is essential to establish at the outset what mode of eviction is relevant. Evictions in South Africa are regulated by either the common law or one of various...

The 5th update of the loose-leaf publication, Eviction & Rental Claims : A Practical Guide, (LexisNexis Butterworths) was recently published. Part 1 deals with every aspect of common law as well as statutory evictions. Part 2 deals with rental claims and Part 3 is...