Chennells Albertyn Attorneys's Monthly Newsletter

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Philippi Horticultural Area Food and Farming Campaign

On 17 February 2020 the Western Cape High Court handed down judgment in favour of our client, the Philippi Horticultural Area Food and Farming Campaign against the Western Cape Government and the City of Cape Town.   

The article “Victory in court for Philippi Horticultural Area” by Estelle Ellis writing in the Daily Maverick of 18 February 2020 can be accessed here or via the “READ MORE” link below.

SOURCE:   Daily Maverick of 18 February 2020
Estelle Ellis

IMAGE: Tessa Knight

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Running a Business in a Residential Area – Check Your Zoning First!
ArticleImage If you would like to run a business from home or to buy a residential property specifically to convert it into business premises – or indeed on the other side of the coin if you want to object to a new business opening up in your leafy suburb – you should be aware of a recent High Court decision in which a small 8 am – 4.30 pm office was ordered to stop operating in a residential area. 

The Court addressed questions such as “Who can apply for an interdict?”, “Does a pending rezoning application make any difference?”, “Must the business be causing a nuisance?”, “What difference does it make that the suburb’s residential character is already changing?” and “What if other property owners are also breaking the law by operating under the radar and getting away with it?”
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Budget 2020: Good News for Property Sellers and Buyers, and Some Useful Tax Calculators
ArticleImage This year most taxpayers will be happy to note they have been given some real relief, with good news for property sellers and buyers in particular in the form of an increase in the transfer duty exemption to R1m – see our table for details.

We also give you links to some useful calculators - How long will you work for the taxman today? How will your income tax change? How much extra will you pay in sin taxes this year? 

We send you to a selection of online calculators for the answers.
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Watch What You Say on WhatsApp – The Case of the R20m Lottery Win and the R1m “Offer”
ArticleImage As WhatsApp use grows exponentially (it just hit the 2 billion mark worldwide) we all need to be mindful of the risks that come with it. One of them is the danger of committing yourself inadvertently to a binding legal obligation.

We’ll start off by understanding the basic elements of a legally-enforceable contract in our law, then - with reference to a R1m “offer” made by a WhatsApping father to the mother of one of his children, we’ll discuss the question of “intention to contract”. The father, having won R20.8m on the National Lottery, denied any real intention to offer the mother the R1m. Was his “offer” an offer capable of acceptance?

The Court’s reasoning in answering that question holds important lessons for us all.
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POPIA’s One Year Deadline to Start Running on 1 April?
ArticleImage Will the main provisions of POPIA (the Protection of Personal Information Act) really commence on 1 April 2020 as media reports suggest, or is this just another case of Crying Wolf? This time it seems it may be the real thing, with the Information Regulator having formally requested the President to declare the commencement date.

If that does indeed happen (still unclear at date of writing), any organisation that needs to comply with POPIA will have a one year transitional period expiring on 31 March 2021 to get their house in order. 

Watch this space…

Website of the Month: South Africa in the 2020s – High Road or Low?
ArticleImage What exactly is in store for us South Africans in the Twenty-Twenties? It’s a vital question not only for business and for investors, but for us all on the most personal level.

Of course it’s also a question that’s a lot easier to ask than to answer. As Nobel Prize winning physicist Niels Bohr put it: “Prediction is very difficult, especially if it’s about the future” - witness the new COVID-19 coronavirus scare which has suddenly popped up with its game-changing impacts on the world and world economies.

Nevertheless as Clem Sunter (remember his “High Road or Low Road?” speeches in the late Eighties?) reminds us, we can and should still use scenario planning to ready ourselves for any one of a whole variety of possible futures…
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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 your professional adviser for specific and detailed advice.

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