November 2015: “Demolish Or Go To Jail”: Developer In The Doghouse

“….. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted by the [developer] and to continue with the construction of buildings and structures in circumstances where the authority therefor has not been obtained from the relevant municipality”  (From judgment below)

30 days – that’s how long a property developer will spend in the local lock-up unless he demolishes illegal building works.

A deviation from plans …..

• A property developer obtained municipal approval to build a house on his property


• The municipality, finding on inspection that the construction taking place deviated from the approved plans, obtained a court order forbidding him to continue


• Undaunted, the developer carried on building, ignoring notices clarifying his legal position, a direction to “cease all work forthwith” and ultimately the threat of a contempt of court order


• Hauled back to court, he tried to convince the court that, having applied for special consent to the deviation from plan, he believed that he was entitled to continue building


• Unsurprisingly the Court was not impressed with this defence and, refusing to condone his conduct, found him guilty of contempt of court


• Commenting that the object of contempt of court proceedings is not only to vindicate the court’s honour but also to compel performance of court orders, the court sentenced the developer to 30 days, suspended for 2 years on condition that he demolishes the illegal building work within 30 days, and thereafter complies with the original order.

So what do you do if your neighbour builds illegally?

Regular LawDotNews readers will recall the oft-repeated advice to seek legal assistance immediately you become aware of any illegal building activity in your area. Don’t delay; you need to move quickly and decisively.

And once again our courts have confirmed that every municipality has “not only a statutory duty but also a moral duty to uphold the law and to see to due compliance …..” Nor will our courts tread softly when it comes to assisting municipalities in carrying out this duty.

. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted by the [developer] and to continue with the construction of buildings and structures in circumstances where the authority therefor has not been obtained from the relevant municipality” (From judgment below)

13th CHEQUES: MUST YOU PAY AN ANNUAL BONUS?
November has rolled around again, and with it comes the normal slew of annual bonus questions and complaints like: “My business is struggling. Must I pay Christmas bonuses this year?” and “I haven’t been given a bonus this year – what are my rights?”

To start with, nothing in our labour laws gives employees any automatic right to 13th cheques or bonuses, so to answer these questions have a look at your employment contracts, company policies and (if applicable) collective agreements. Are your employees guaranteed a bonus? Are conditions specified (profitability of business, employee performance or contribution etc)? Is the boss given unlimited discretion in deciding?

Note that even where nothing has actually been agreed, you need to tread carefully if you have regularly paid annual bonuses in the past. This is because departing from any established practice without employee consultation can be seen as an unfair labour practice. The dictates of labour law aside, employee morale is going to dive if expectations of a bonus have been built up over the years but are then shattered at short notice.

What about fixed term employees?

A recent Bargaining Council arbitration decision held that where a municipality had a practice of paying 13th cheques to all its other employees, it was unfair for it to refuse the same to a fixed term employee. Be careful generally of differentiating between employees performing the same or similar work.

Employees: A final thought

Remember the taxman will take a sizeable slice out of your bonus – often more than you expect. And before you begin to mentally spend what’s left on some festive season high-living, read “Warning: don't blow that bonus” on IOL website.

 

DID YOU KNOW? THE LEGAL LIMITS TO PAYING IN COINS (PLUS A BIT ON BITCOIN)

“Samsung paid Apple $1bn in 30 truckloads of coins” (Thus runs a 2013 rumour – false but widely reported - after Apple’s victory in the “lawsuit of the century”)

Here’s a scenario for you - you win a huge court case, and your very vengeful opponent (believing perhaps the Apple v Samsung rumour recounted above) turns up at your doorstep with a convoy of coin-filled trucks. Must you accept the payment?

Scenario 2: You’re a landlord. Your tenant, angry with you for some reason, decides to punish you by marching into your office with next month’s rental in 5 cent pieces. What are your rights?

Now you’re a shopkeeper whose customer wants to pay for his groceries with R500 worth of R1 coins – can you refuse to accept them?

Or perhaps you are a disaffected motorist issued with an unfair (you think) traffic fine. Revenge being sweet, you decide to inconvenience the municipal teller by paying the fine with the most complicated mix of different coins you can think of. Must the teller spend the next hour counting coins?

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