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Gundwana V Steko Development
''Gundwana v Steko Development CC and Others'' is an important case in South African property law and civil procedure. The Constitutional Court held unanimously that Registrars of the High Court are not constitutionally competent to authorise sales in execution of mortgaged homes when granting a default judgment. In such cases, the determination of executability requires judicial oversight, because it touches on the homeowner's right to housing under section 26 of the Constitution. The judgment was handed down on 11 April 2011 by Justice Johan Froneman. Heavily indebted to the logic of '' Jaftha v Schoeman'', it partly overturned the Supreme Court of Appeal's earlier holding in '' Standard Bank v Saunderson''. Background In 1995, Elsie Gundwana bought a property in Thembalethu with the assistance of a loan granted by Nedcor Bank (the second respondent) and secured through a mortgage bond on the property. When she fell into arrears in 2003, the Registrar of the High ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter Two Of The Constitution Of South Africa
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights ( negat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anna-Marie De Vos
Anna-Marie de Vos is a South African lawyer and former Judge of the High Court South Africa, Transvaal Provincial Division The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, w .... She now serves as senior counsel in private practice, as a member of the George Bar Association. As a lesbian with her partner, they both took on the law in South Africa that prevented same sex couples from being able to adopt. They later won the case and gay adoption was legalised in South Africa in 2002, making South Africa the first and the only current country in Africa where joint adoption is legal. Biography After her admission as an advocate to the High Court of South Africa in 1985, De Vos was granted senior status as an advocate in 1997. In 2001 she was appointed a Judge of the High Court South ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with '' ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific juri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George, Western Cape
George is the second largest city in the Western Cape province of South Africa. The city is a popular holiday and conference centre, as well as the administrative and commercial hub and the seat of the Garden Route District Municipality. It is named after the British Monarch George III. The city is situated roughly halfway between Cape Town and Port Elizabeth on the Garden Route. It is situated on a 10-kilometre plateau between the Outeniqua Mountains to the north and the Indian Ocean to the south. The former township of Pacaltsdorp, now a fully incorporated suburb, lies to the south. History Early history Prior to European settlement in the late 1700s the area was inhabited by the Khoekhoen tribes: the Gouriquas, Attequas and Outeniquas. Many places in the area, such as the surrounding Outeniqua Mountains, come from Khoekhoen names for these locations. 18th and 19th century The settlement that was to become George was established as a result of the growing demand f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default Judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition. Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse. Specific jurisdictions England and Wales How judgment arises In England and Wales, a claimant starts a case by issuing a claim form. This either states a monetary figure on it, togeth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Bond
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is " secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property ("foreclosure" or "repossession") to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word ''mortgage'' is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nedcor
Nedbank Group is a financial services group in South Africa offering wholesale and retail banking services as well as insurance, asset management, and wealth management. Nedbank Limited is a wholly owned subsidiary of Nedbank Group. Nedbank's primary market is South Africa. Nedbank also operates in six other countries in the Southern African Development Community (SADC), through subsidiaries and banks in Eswatini, Lesotho, Malawi, Mozambique, Namibia and Zimbabwe, as well as offices in Angola and Kenya. Outside Africa, Nedbank have offices to provide international financial services for Africa-based clients in Guernsey, Isle of Man, Jersey, the United Kingdom and the United Arab Emirates. Nedbank is headquartered in Johannesburg. History The bank was founded in 1888 in Amsterdam as the ''Nederlandsche Bank en Credietvereeniging voor Zuid-Afrika'' ("Dutch Bank and Credit Union for South Africa"). In the same year, the bank opened an office in Church Street, Pretoria, South ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thembalethu
Thembalethu is a township in Western Cape, South Africa. The township is on the Garden Route and falls part of the George Municipality. The name of the township "Thembalethu" is Xhosa meaning "Our Hope". History During the 19th and 20th centuries various laws were introduced in South Africa to remove black communities from land they occupied in order to make way for white farmers or commercial activities by the then ruling white government. As early as 1879 the Native Location Act (Act 37 of 1879) restricted the setting up of locations on crown land (government-owned land). Other laws discriminatory to non-Europeans were enacted laying a foundation for the implementation of Apartheid before the National Party's ascendance to governance in 1948. The Group Areas Act (Act 41 of 1950) was one of the cornerstones of Apartheid policy that was implemented by the National Party. The Act assigned racial groups to different residential and business sections in urban areas. The Group A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Bank V Saunderson
''Standard Bank of South Africa Ltd v Saunderson and Others'' is an important case in South African property law and civil procedure, heard in the Supreme Court of Appeal (SCA) by Howie P, Cameron JA, Nugent JA, Jafta JA and Mlambo JA on 23 November 2005, with judgment handed down on 15 December. Facts Standard Bank had issued a summons against Saunderson, asking for a judgement on debt owing and ancillary orders declaring the mortgaged property to be executable. Saunderson failed to defend. The bank sought a default judgment under the Uniform Rules of Court, which provides that, whenever a defendant is in default of delivery of notice of intention to defend or of a plea, the plaintiff, if he or she wishes to obtain judgment by default, shall file with the Registrar a written application for judgment against the defendant. The registrar may then "grant judgment as requested." The matter was dealt with in open court on the direction of the Deputy Judge President. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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