Obtaining court dates from the High Courts in Lockdown Level 1
As much as we, as legal practitioners, have got used to attending to court virtually and working with the new online court system, called CaseLines; the legal profession is still experiencing extreme difficulties. The latest court directives allow us to issue new proceedings at court but obtaining court dates can only be done through the CaseLines system. This system is connected to the domain judiciary.org.za, unfortunately this domain and the court servers are not functioning at the moment. The effect of this is that we are currently unable to obtain court dates at all from the majority of the High Courts and when we do obtain court dates, even unopposed dates for instance in North Gauteng High Court, being the High Court in Pretoria, we are obtaining dates as late as May 2021.
As much as this is frustrating to our clients and ourselves, unfortunately there is nothing that can be done but pleading with the Judge President to address these issues as soon as possible in order to allow us to obtain court dates to finalise eviction application and other matters.
It is important to be aware off this current problem in our courts because we do have the benefit at this stage of the Lockdown Level 1 Regulations imploring landlords and tenants to find middle ground and ways of settling the disputes between them. This does allow parties to settle and then make such settlement agreements orders of court. We do recommend this at this point, we do however recommend that you involve your attorney in this process to record the settlement agreement in a written form which can be made an order of court.
We are doing our utmost best to find solutions for our clients but unfortunately, we are reliant on the court directives and systems to finalise proceedings. We will keep you updated on the progress in this regard.
The effect of a sale on a management mandate agreement Is the purchaser of a property with a tenant in the premises duty-bound to perform in terms of the former landlord’s obligations towards the lease agreement, or in terms of a mandate in the case of a management mandate agreement? The lease agreement remains in […]
Does Section 4(5)(c) of the Rental Housing Act contradict the principle of huur gaat voor koop? The legal principle of huur gaat voor koop was established within Roman Dutch Law and has, since the adoption of Roman Dutch Law as the foundation of the South African legal system, been one of the cornerstone principles governing property […]
Why were these regulations declared unconstitutional by the High Court? What does this mean? On 2 June 2020 the High Court handed down a judgement in the matter of De Beer v COTGA. News of this judgement spread in the media and on social media like wildfire, with headings like “Lockdown Regulations Unconstitutional”; as much […]
LEVEL 4 REGULATIONS ON EVICTIONS The Alert Level 4 Regulations were released to the public explaining exactly what Level 4 will entail for the South African public. One of the regulations, specifically Regulation 19, deals with the prohibition of evictions and has a big effect on our property industry. The Regulation reads as follows: A […]
No regulations of any kind have been implemented to authorise tenants to refrain from paying rent. The global pandemic brought about by the COVID-19 virus has thrust South Africa into one of the most unfamiliar and uncertain times in our history, the likes of which never before experienced. Government has, in response to the virus, […]
Bringing Clarity to the principle of Deposit Utilisation during the COVID-19 State of National Disaster The law is made up of a number of different parts. Common Law is that part of our law that is based on Roman-Dutch Law and is mostly unwritten. An example in Property Law is ‘huur gaat voor koop’ […]