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Law academic, Mr Banele Mhlongo.

Law academics, Professor Warren Freedman and Mr Banele Mhlongo, were among the top academics in the field of Property Law who presented papers at the annual Property Law Teachers’ colloquium hosted by North-West University.

Titled: Ex Post Amendments to Servitudes following Linvestment CC v Hammersley and Another: A Critical Discussion of Recent Case Law, Freedman’s paper used on servitudes and especially servitudes that have become inconvenient or obsolete as a result of changes in the circumstances or changes in the environment.

‘I explored the extent to which the courts can use their power to develop the common law to make changes to servitudes that have become inconvenient or obsolete, particularly when this would be fair and just,’ said Freedman.

For Mhlongo, this was his first conference paper delivered alongside his PhD supervisor, Freedman. His paper was titled: Whether Airbnb’s can Exist within Certain Types of Communal Fragmented Property Ownership: A Critical Analysis of the Judgment in Body Corporate of the Paddock Sectional Title Scheme No 249-1984 v Nicholl 2020 (2) SA 472 (GJ). It explored the interesting question affecting Sectional Title Owners: Can a Body Corporate prohibit a sectional title owner from using his or her unit as an Airbnb by passing a rule prohibiting short-term leases (an owner is not allowed to rent out his unit for less than six months).

‘The paper is part of my PhD research and It was an incredible learning experience to not only present at the colloquium but to do it together with my supervisor. I had the experience of gaining knowledge from Property Law experts from around the country and it has played a positively powerful role in my outlook on my future in academia. I am encouraged to contribute more of my research in many different ways,’ said Mhlongo.

Building on this experience, Mhlongo will be attending another Property Law conference at the end of November and working on writing articles for journal publication.

Words: Thandiwe Jumo

Photograph: Supplied