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Publications

Eviction & Rental Claims : A Practical Guide 

Author : CP Smith

Evictions & Rental Claims - A Practical GuideThis is a loose-leaf work published by LexisNexis Butterworths. Part 1 deals with every aspect of common law as well as statutory evictions. Part 2 deals with rental claims and Part 3 is a detailed exposition on the Consumer Protection Act 68 of 2008 and its application regarding evictions and rental claims. Various litigation precedents, all relevant statutes as well as a comprehensive index are included. The work is updated at least once a year and contains the latest case law and legal research.

Christo Smith, the author of Eviction & Rental Claims, is a practicing attorney with 30 years experience. He specialises in the field of property law, specifically evictions, rental claims and the Consumer Protection Act. He presents seminars on various subjects and has presented seminars on behalf of LEAD, the education section of the Law Society.

For more information about our seminars – click here.
Eviction & Rental claims deals extensively with these topics

  • Common law principles
  • Constitutional inroads
  • The Pie Act
  • The Extension of Security of Tenure Act (Esta)
  • The relationship between Pie & esta
  • The Labour Tenants Act
  • Rental claims
  • The Landlord’s tacit hypothec
  • Common remedies and defences
  • Huur gaat voor koop
  • The defence of unlawfulness
  • The defence of undetermined rent
  • Prescription
  • Preference of rent on insolvency
  • The Rental Housing Act
  • Miscellaneous eviction and rental matters
  • The Consumer Protection Act
 Articles to Download / Laai artikels af :

Download >> Attachment of immovable property and section 26 of the Constitution
Download >> Beslaglegging op onroerende eiendom en Art 26 van die Grondwet

Order here / bestel  hier : Eviction and Rental Claims
Download order form here / laai bestelvorm hier af : LexisNexis

Civil Practice in  Magistrates’ Courts : The Practitioner’s Manual

Author : CP Smith

Civil Practice in Magistrate's Courts - The Practitioner's ManualThis work serves primarily as a manual and guide to article clerks who need to prepare for the admissions examinations or attorneys who need to familiarize themselves with the rules of the Magistrate’s Court or procedures. Since the promulgation of the new rules which are now similar to those of the High Court, many attorneys find it difficult to adapt, especially in view of the various differences that remain. The author is a practicing attorney with 30 years experience in Magistrate’s Court litigation. He is also the author of Eviction and Rental Claims : A Practical Guide.

The book is a helpful tool in understanding and applying the basics of the new rules without the need to consult other more elaborate text books. It explains the basics of the litigation process and common proceedings with reference to applications, (both interlocutory and substantive) and actions. The rules of court are included in an appendix as well as detailed precedents of notices, affidavits and pleadings. A comprehensive index is also provided for ease of reference.

The work deals with the following :

1 Overview of the litigation process
2 Jurisdiction
3 Action procedure
4 Defended actions
5 Common action proceedings
6 Motion procedure
7 Common substantive applications
8 Common interlocutory and ex parte applications
9 Appeals and reviews
10 Costs
11 Execution and attachment
12 Debt collection
13 Protocol and ethics
14 Heads of argument
15 Reading law reports
16 Mediation

Order  Civil Practice in Magistrates’ Courts  here
Bestel Civil Practice in Magistrates’ Courts hier