M Mbongwe Archives - GilesFiles

Structurally defective units: Cause of action?

by GilesFiles | Apr 11, 2023 | 2020 onwards, Applications, BC and HOAs, Cause of action defined, Causes and defences, Community schemes, Costs, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Pleadings: amending, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Body Corporate of La Mon Villa v Niyakha (Pty) Ltd Does our common law or do any statutes recognise a claim for damages arising out of repairing structurally defective units in a community scheme? “[11] It is noted that...

Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, General, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State organs, Topics | 0 |

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

CSOS must adjudicate: High Court lacks jurisdiction

by GilesFiles | Jan 21, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Refused, Rules Codes & Manual, Sectors, self-created urgency, Statutory, Topics | 0 |

Wingate Body Corporate v NP Must all disputes regarding administration of a community scheme be referred to CSOS to allow it to adjudicate them? “[10] In terms of section 3 of the CSOS Act, the purpose and function of the...

Interrupting power supply: Attempt to bypass municipality?

by GilesFiles | Oct 12, 2020 | 2020 onwards, Applications, Causes and defences, Central, Contractual breach, Courts, Declaratory, Government, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, Refused, Sectors, State organs, State Owned Enterprises, Statutory, Topics | 0 |

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Tag: M Mbongwe

Structurally defective units: Cause of action?

Precautionary suspension upheld: Rational lawful decision

CSOS must adjudicate: High Court lacks jurisdiction

Interrupting power supply: Attempt to bypass municipality?