Mc Naught & Co
High Court ruling helps property buyers
The North Gauteng High Court on Monday made an unprecedented declaration in a case before it that the Municipality practice of holding a property purchaser liable for past debts of the previous owner is unconstitutional. It clarified a long drawn-out battle between residential property buyers and municipalities.
Municipal Systems Act unconstitutional
The judgment dealt with Sec 118 (3) of the Municipal Systems Act which allowed past debt to attach to the property, and which the court ruled is constitutionally invalid. This judgment will now have to go the Constitutional Court for confirmation, but in the meantime is binding against the Gauteng Municipalities involved and will likely be applied to every Municipality in the country who have been applying the Act in contravention of the Constitution. This is of great relief to property purchasers, some of whom have been saddled with huge past debts they did not incur and in some cases were denied connection of new services until the past debts of the previous owner/s were settled.
Share this article
Wrongfulness and Legal Duty
A recent judgment was passed in the Supreme Court of Appeal, the facts to the case itself are indeed interesting, especially for pet owners. The claimant in the matter, arranged with her friends for a weekend of leisure at the Harmony Park Resort, a day camp (the Day Camp) situated at Strand in the Western Cape. The Day Camp was a public facility under the control of the defendant, the City of Cape Town.
SA Divorces up by 20% since Lockdown Level 4
Courts around South Africa are battling a surprising divorce backlog. This is such a problem that a plan to fast-track annulments of more than 11 000 failed marriages in Limpopo alone has had to be devised. Limpopo is not the only province with a heavy load of divorce applications. The South Gauteng High Court heard 33 unopposed divorces last Friday.
Are Mothers’ rights more equal than Fathers’?
Parental Responsibilities and Rights are under the spotlight today. The Children’s Act 38 of 2005 has attempted to focus our society and courts’ attention on the interests of the child which are paramount in any custody or contact dispute between parents.