Bureaucrats and brick walls – fight back!

Bureaucrats and brick walls – fight back!

Legal
“Bureaucracies are inherently antidemocratic. Bureaucrats derive their power from their position in the structure, not from their relations with the people they are supposed to serve” (Alan Keyes, American politician) Fighting red tape is a growing problem worldwide, and we South Africans are certainly not immune.  We should welcome therefore two recent court decisions which threaten inefficient/disinterested/ corrupt bureaucrats with personal liability for legal costs if their misconduct forces us to fight them in court. (more…)
Read More
Struggling to evict a “commercial” occupant?  Don’t stress about PIE

Struggling to evict a “commercial” occupant? Don’t stress about PIE

Legal
A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant – Residential occupants: Occupants residing on premises are afforded protection in terms of PIE (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act) with its many onerous requirements for eviction.  Note that even residents of “commercial” property are covered – it is not the categorisation of property that counts, but whether or not the unlawful occupier resides on it. “Commercial” occupants:  In contrast, “commercial” occupants (“juristic persons and persons that do not use buildings and structures as ‘a form of dwelling or shelter’”) have no such protection, and are accordingly (in principle at any rate) easier to evict. (more…)
Read More