Body Corporate vs Nightmare Neighbour: The Court to the Rescue

Body Corporate vs Nightmare Neighbour: The Court to the Rescue

Legal
"His demeanour at this time was highly aggressive, flying his arms about and it was clear to me that he had to prevent himself from lashing out at me physically” (Trustee quoted in judgment below) The irrational, aggressive and disruptive “Nightmare Next Door” owner is regrettably a well-known and much-disliked feature of all too many residential complexes.  He or she makes trouble at every opportunity, attacking other owners and the body corporate’s trustees with equal abandon. What can you do about it?  In sufficiently serious cases, our courts will come to your rescue, as a recent High Court decision [Body Corporate of El Sol v De Waal (69611/2014) [2015] ZAGPPHC 614 ] illustrates. Harassment – it could be a ticket to prison ….. The owner of a sectional title unit…
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Domestic Violence: Report it!

Domestic Violence: Report it!

Legal
“To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Preamble to the Domestic Violence Act) A recent Supreme Court of Appeal (SCA) decision underlines the very strong duty on SAPS members to assist victims of domestic violence. The Domestic Violence Act (“domestic violence” isn’t limited to cases of physical harm – it includes a very wide range of abusive conduct) provides legal protection to victims, especially to those most vulnerable such as women, children, disabled people and the elderly.   If you are a victim (or helping a victim) the Police are obliged to assist and cannot shirk their responsibilities. You should in appropriate cases lay criminal charges and/or apply for a protection order against the person committing the abuse.  Police…
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High Court Appeals – when the wrong tree barks back

High Court Appeals – when the wrong tree barks back

Legal
A case analysis on where, when, how and to whom an appeal should be brought Introduction For many High Court litigants, a court order granting the relief requested will be a final nail in the proverbial coffin.  Following months - if not years - of legal fees, very few unsuccessful parties to a suit will be possessed of the will (or finances) to fight on. However for those few who have such resources at their disposal, or perhaps are strengthened by a particularly just cause, there remains an avenue of last resort: the appeals process. The exact procedure for an appeal differs according to the forum that the appeal is to be heard in, although the fundamentals remain. Typically, the party seeking to appeal a decision will be required to…
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It’s all fun and games until someone gets hurt

It’s all fun and games until someone gets hurt

Legal
In a recent decision handed down by the Honorable Judge Kollapen in the Gauteng Division of the High Court of South Africa on 10 September 2015 (BJ Strydom v M W P Strecker and Another), the Court considered the extent of the legal duty on property owners / occupants in ensuring the safety of those visiting their property. The case arose due to a devastating twist of events during a social visit between the plaintiff, his then-wife, their two minor children and the defendants at the defendants’ house. One of plaintiffs’ children, referred to as “B”, had a near-drowning experience after falling into a fish pond situated inside the house. Tragically, and without anyone realizing, B fell into the fish pond while her mother was sitting with the second defendant…
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