30 April 2020 The repeal of these regulations does not bring an end to any of the prosecutions brought thereunder – such prosecutions will still proceed. Furthermore, it is clear that lockdown is in place until 23h59 on Thursday 30 April 2020, whereafter the level 4 regulations as set out below, will apply. Furthermore, all directions issued by Government in terms of these regulations...
Learn More 24 April 2020 It is important to take note that, once the restrictions on trade for any type of business is lifted, the legal impossibility to trade no longer exists, and a landlord will be legally entitled to enforce continuous trading provisions in their lease agreements on the specific tenants who will be allowed to trade during the various phases. Tenants may not commence trading at their...
Learn More 16 April 2020 The only extension on trading and retail that has been provided in the amended regulations, is for hardware stores, and only to a very limited extent. Stores selling hardware products and vehicle components may only trade under various circumstances. Importantly, trading hours have not been regulated yet, despite repeated requests by the likes of SAPOA and other bodies. We are...
Learn More 3 April 2020 In our view, therefore the present problems with tenants who have indicated an intention not to make payment of April lease charges, may safely, in appropriate circumstances, be submitted to arbitration. The dispute may be framed in one of two manners, i.e. either a request for an award ordering the tenant to pay a specific amount (generally the number of unpaid rentals and...
Learn More 27 March 2020 Retail shops and shopping centers are to be closed, with the exception of shops selling essential goods. In shops that are trading, controls must be put in place to enforce social distancing, i.e. customers are to keep at least one square meter from one another. The hygiene aspects in terms of the initial regulations continue to apply. Any place not involved in the...
Learn More 26 March 2020 Retail shops and shopping centers are to be closed, with the exception of shops selling essential goods. In shops that are trading, controls must be put in place to enforce social distancing, i.e. customers are to keep at least one square meter from one another. The hygiene aspects in terms of the initial regulations continue to apply. Importantly, retail stores selling...
Learn More 24 March 2020 In light of the ban on general trading which has now been issued, it seems as if tenants who do not fall within the exempted categories, will be prohibited from trading for the 21-day period. Accordingly, they probably will not receive the full beneficial occupation of their premises, and, depending on the wording of their lease agreements, might be entitled to a rent remission...
Learn More 19 March 2020 Tenants who operate premises where liquor may be sold, cease doing so after 18h00 on weekdays and Saturdays, and after 13h00 on Sundays, with immediate effect, and that large signs be displayed that liquor will not be sold at such premises during this time. We would further suggest that such premises also prohibit patrons from bringing their own liquor during these times, so as...
Learn More 16 March 2020 A tenant will only be entitled to claim a loss of beneficial occupation of leased premises due to casus fortuitus if the outbreak of disease itself led to the closure of the business. The remission of rent (if any) will also only be available to the extent that the premises could not be used for the purposes let. Therefore, if the government were to close down the business for...
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