Articles

THE INVESTING TRUSTEE

By Noelle Snyman (Candidate Attorney at Hayes Incorporated) The office of trustee is one saddled with many duties. One of these duties is the duty to invest, in order to preserve and promote trust property. Investment of trust property is often a balance between risk and reward, making it a delicate practice. The duty to…

RESTRAINTS OF TRADE

By Hannah Claassens (Associate at Hayes Incorporated) RESTRAINTS OF TRADE – ‘GETTING CAKE ON YOUR FACE?’ This case of The Velvet Cake Company (Pty) Ltd v R Niehaus & Blondies and Brownies Bakery CC 2016 [Reportable] centres around two bakeries in Cape Town CBD, The Velvet Cake Company (Velvet) and Blondies and Brownies Bakery (Blondies…

A CLAIM FOR COMPENSATION BY LAND OWNERS

By Hugo van Heerden (Senior Associate at Hayes Incorporated) A CLAIM FOR COMPENSATION BY LAND OWNERS: THE REALLY USEFUL-CASE A decision by an authority can limit the rights of a land owner to use or develop land and might even cause financial loss to the land owner. Will a land owner be able to claim…

GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY?

By Fouché Strydom (Senior Associate at Hayes Incorporated) GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY? Your neighbour is not a nosy or noisy guy, his trees don’t drop leaves in your swimming pool, no, your trouble with the man next door relates to a fence. This fence is your glorious game fence that you…

JUDICIAL REVIEW AS A REMEDY FOR UNLAWFUL DECISION-MAKING

By Michael Jones (Associate at Hayes Incorporated) It is a fundamental principle of the South African law that government agencies and public functionaries may only do that which they are legally authorised to do. This is known as the ‘principle of legality’ and was espoused in the seminal case of Fedsure Life Assurance Ltd v…

YOUR COMPANY’S STATUTORY RECORDS

By Meryl Cummings (Head of Company Secretarial Department) When we are instructed to register a company, our client’s focus is generally on registering the Certificate of Incorporation. Once this is registered the company is able to transact and conduct its business. After incorporation, very little attention is given to the maintenance of the company’s statutory…

BUILDING PLAN APPROVAL

Imagine you own a property in Walmer Estate, Cape Town with sweeping views of Table Mountain and Table Bay. One day you discover that your boundary wall has been damaged by your neighbours who are busy clearing their property in preparation for major new building work.