Landlord’s Right to Sue a Tenant
Thekweni Properties sued its tenant for payment of arrear rentals owing in terms of an agreement of lease. In a special plea the tenant alleged that the landlord had divested itself of the power to sue for rental by virtue of a cession in securitatem debiti in favour of a bank. The Durban High Court […]
Accrual Can Imperil Inheritance
John and Jane marry out of community of property by Antenuptial Contract which automatically includes the accrual system introduced by the Matrimonial Property Act No. 88 of 1984. Section 2 of the Act states that "every marriage out of community of property in terms of an Antenuptial Contract by which community of property and community […]
Rates Memo
Legislative Background 1.1 The Constitution A municipality derives its powers to impose rates originally from the Constitution. Section 229 of the Constitution states that a municipality may impose rates on a property and surcharges on fees for services provided by or on behalf of a municipality. The power to impose rates is subject to Section […]
Nomination of a Conveyancer
In a contract for the sale of land, one of the clauses to be negotiated is whether the conveyancer will be nominated by the seller or the purchaser. If the agreement is silent on the appointment of the conveyancer, it was held in the case of James versus Liquidators of the Amsterdam Township Company 1903 […]
Marriage Money Booklet
1. Marriages in Community of Property If prospective marriage partners do not execute an antenuptial contract, their marriage will be in community of property. The assets which a husband and his wife bring into the marriage are pooled and jointly owned in equal shares. Similarly, with certain minor exceptions , all additional assets acquired during […]
You and Your Will Booklet
Why Make a Will? If you die without making a Will you are said to die intestate. As you will not have nominated an executor to wind up your estate, it will be necessary to ask the Master of the High Court to appoint an executor. After considering the views of the surviving spouse, the […]
Scope of Builder’s Lien
The High Court has, in a judgment recently handed down1 , clarified the scope of a builder’s lien and reiterated some of the relevant principles underpinning such a lien. The facts were: Mr Ballinger owned a property in Knysna. Norvic Diverse Systems (Norvic) was employed by Ballinger to build a dwelling on the property. Ballinger […]
Builder Reserves Ownership
BUILDER RESERVES OWNERSHIP At issue in a recent Supreme Court of Appeal decision1 was whether a builder’s reservation of ownership of equipment to be supplied in terms of a building contract was effective. The relevant facts were: Fisher Foods SA (Pty) Ltd (“Fisher Foods”) called for tenders for the construction of a factory in Kempton […]
Altering a Tender
Some useful guidance is to be had from a recent case as to what changes may be permissible to a tender after the tenders have been opened. The case also summarises the principles governing tenders in the public sector and more particularly in relation to local authorities. THE PRINCIPLES RESTATED In adjudicating and awarding tenders […]
Unregistered Home Builders: No right to Payments
A decision of the Johannesburg High Court last year has affirmed the precarious position of contractors who build homes without being registered in terms of the Housing Consumers Protection Measures Act, 95 of 1998 (“the Act”). The Act stipulates2: “No person shall – (a) carry on the business of a home builder; or (b) receive […]