New Law Protecting Farm Workers and Farm Occupiers
On 24 December 2010, the Minister of Rural Development & Land Reform ("Minister") published the draft Land Tenure Security Bill ("the Bill") and invited comment on the Bill within 60 days. The Bill aims to regulate the rights of persons who reside on farms, who work on farms, persons who are associated with them and […]
Professional Services Agreement – No Price No Pay?
INTRODUCTION If an engineer, architect, or any professional for that matter, agrees to do work for a client and there is no agreement on the remuneration payable, does that mean that the professional is not entitled to payment for any work done? This is the question that the KwaZulu-Natal High Court, Durban, had to answer […]
Land Buying Blues
A purchase and sale agreement in respect of immovable property is signed. The first question the conveyancer is likely to be asked is "How long will the transfer take?". The response to that question will be influenced inter alia by whether the purchasing entity needs to be formed. And thereby hangs part of this tale. […]
The Main Contractor is Liquidated: Can the Employer Cancel?
INTRODUCTION The liquidation of a company does not, save for certain exceptions which are not relevant to this discussion, terminate contracts to which the company is a party. Upon the grant of a final liquidation order in respect of a company, a state of affairs described as the concursus creditorum comes about. What this means […]
Engineers Beware
INTRODUCTION The Supreme Court of Appeal (SCA) has provided helpful guidance, albeit costly for the engineer concerned, relating to what will suffice as a notice by a Contractor of unforeseen adverse conditions. THE FACTS In 1996 Enviroserve decided to expand its waste disposal site in an area known as Aloes in Port Elizabeth by adding […]
Damage to Hired Plant
INTRODUCTION Towards the end of last year the Supreme Court of Appeal (“SCA”) reminded us of the basic principles governing the relationship between the owner and hirer of plant1. THE FACTS In June 2000 Mutual Construction Company (Tvl) (Pty) Ltd (“Mutual”) hired a CAT 769 articulated dump truck to Komati Dam Joint Venture (“the Joint […]
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 […]