Struggling To Evict A “Commercial” Occupant? Don’t Stress About PIE

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FEBRUARY 2015 NEWSLETTER

Struggling To Evict A “Commercial” Occupant? Don’t Stress About PIE

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.

The case in question concerned a mixed-use property which was sold on an insolvency auction. The previous owners refused to vacate and the new owner asked the Court . . .

Bureaucrats And Brick Walls – Fight Back!

“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.

Contracts – Leave No Shadow Of A Doubt

Contracts should always contain a “non-variation” clause providing that no variation of the agreement is of any force or effect unless it is in writing and is signed by all parties.

A recent High Court case resulting from a property dispute shows why.

Landlord v Tenant: The restaurant that fell on hard times …..

Creditors: How To Secure Your Surety Claims In Business Rescue

Will your claims against sureties be prejudiced if your claim against the main debtor is compromised during business rescue proceedings?

Regular LawDotNews readers will recall the different approaches taken by various High Courts to this question, and creditors will be relieved to learn that now the Supreme Court of Appeal has confirmed that your suretyship claims can indeed be protected – but it’s up to you to do so.

Read more for your action list . . .

Budget 2015: Submit Your Tips

“Giving money and power to government is like giving whiskey and car keys to teenage boys” (P.J. O'Rourke)

Finance Minister Nhlanhla Nene will table the 2015 Budget in Parliament on Wednesday 25 February 2015 at 2 p.m. All Budget documents will be available on the National Treasury website http://www.treasury.gov.za/ as soon as the Minister starts speaking.

Help him with your Budget Tips. Submit them online via the National Treasury website at http://tinyurl.com/2015BudgetTips or fax them to (012) 406 9055.

The February Websites: Your Practical Guide To Surviving Blackouts

“What fresh hell is this?” (Dorothy Parker)

Regrettably it seems that loadshedding is going to be particularly bad in the next few months – have a look at all the “red” days in Eskom’s loadshedding calendar at http://www.fin24.com/Economy/LIVE-Eskom-state-of-the-system-briefing-20150115.

Here’s what you need to do . . .

Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact us for professional, detailed and appropriate advice.

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