Voetstoots Clauses
Defects in a property are often the cause of disputes between buyers and sellers of properties. In the absence of a voetstoots clause in a Sale Agreement, the seller is liable for all latent defects in a property, which result in the buyer not being able to use the property for the purpose it was […]
Are Buyers liable for Historical Rates and Utilities
A rates certificate must be lodged in the Deeds Office before a property can be transferred. Most people believe that once the Municipality has issued the rates certificate and the property has been transferred to the buyer, the Municipality cannot claim from the buyer any arrear rates or other unpaid debts which were not claimed […]
Is Arbitration Compulsory in Sectional Title Disputes
When a dispute arises between an owner and the Body Corporate in a sectional title scheme, there is often a debate whether the parties are obliged to refer the dispute to arbitration or whether they can approach the courts for relief. The debate arises due to the wording of Management Rule 71, prescribed in terms […]
Seller’s Rights to Claim Interest for Delays in Transfers
Transfers of properties are sometimes delayed as a result of a party failing to do something that party is obliged to do in terms of the sale agreement. Most often the delays are caused by the buyer. Property sale agreements generally have a mora clause which is intended to prevent the buyer from delaying the […]
Amendment to Mineral Legislation 2013
This document summarises the changes to mineral legislation which have occurred since the beginning of 2013, which will have an impact on mining related operations. In this report, the Mineral & Petroleum Resources Development Act is referred to as MPRDA, the National Environmental Management Act is referred to as NEMA and the National Environmental Management […]
The Amended BEE Codes and Ownership Structures
The amended BEE Codes were published in the Government Gazette of 11 October 2013. They will come into operation within 12 months from the date of publication. The amended Codes will replace the Codes which were published in February 2007. Many companies have been restructured so as to comply with the ownership requirements of the […]
Arbitration Folly
Introduction At the beginning of last year the Supreme Court of Appeal (SCA) was called upon to decide whether the decision of an arbitration appeal tribunal should be reviewed and set aside.1 The Facts In 2003 Gutsche Family Investments (Pty) Ltd and the other shareholder ("the Sellers") in Formex Industries (Pty) Ltd ("the Company") sold […]
Land Reform – Significant Developments
The Government is embarking on significant new initiatives to advance land reform. This includes the new Expropriation Bill which was released for public comment at the end of March, the Restitution of Land Rights Amendment Bill which was released for comment on 23 May 2013 and a new Land Tenure Bill which is currently being […]
Companies Act – Access to Company Information
The right to information that is held by another person1 and that is required for the exercise or protection of any rights is a right that is enshrined in the Bill of Rights2. The Companies Act No. 71 of 2008 (the Act) contains provisions which aim to further this constitutional right and to promote transparency, […]
Ambit of Arbitrator’s Jurisdiction
Introduction What disputes is an arbitrator entitled to deal with in an arbitration? Defendants often challenge the arbitrator's jurisdiction or power to deal with disputes and claims raised by a claimant on the grounds that the disputes fall outside the scope of the dispute originally declared by the claimant at the inception of the arbitration. […]