Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for residential homeowners who utilise their homes for commercial purposes without […]

The creation methods of servitudes in South Africa

Servitudes in South Africa can be created or come into existence in multiple ways. The methods of creation, which will be discussed, include the registration thereof by way of an order of court and through legislation. A servitude can be described as a limited real right that can either provide the holder with the use […]

Revisiting vicarious liability

As a point of departure, the doctrine of vicarious liability means that the employer is held liable for the wrongful acts or omission of its employees.  The difficult issue which one needs to examine when dealing with these sorts of cases is to establish whether the wrongful act arose in the course of the employee’s […]