Gentle Reader
This will be the last Snippets this year.
Do have a relaxing, fun-filled familial festive season.
Regards
Daan
Property
Trends:
- Our residential rental market reflects the increasingly positive market outlook and stood at a record low vacancy rate of 5.07% in Q3/2024.
- Similarly, Growthpoint reports declining office rental vacancy space, stating that coastal regions outperform other regions for office space rentals.
- Those interested in shopping centre performance might take a look at the following: https://propertywheel.co.za/wp-content/uploads/Q3-2024-Clur-Index-Suite-Press-1.pdf
- The FNB/BER Building Confidence Index has remained unchanged, despite indications that our built environment might change for the better. In other words, no improvement visible yet, despite positive signs.
News:
- The jury, in a manner of speaking, is still out on municipalities being called upon to pay back unlawful electricity tariff hikes in July. Even if AfriForum succeeds in its application to force them to do so, local authorities have neither the system nor the money to refund overcharged citizens.
- Building a second building on your property? Consider this: https://www.dupwest.co.za/OurInsights/ArticleDetail.aspx?Title=Navigating-the-legal-blueprint-for-property-expansions
- One rarely encounters clients who wish to commit private land for conservation purposes – the following is a guideline to start off with: https://www.ensafrica.com/news/detail/9452/committing-private-land-to-conservation-advic
- An article on loan prequalification (a bit blithe) may interest you: https://cilreyn.co.za/2024/11/26/why-a-home-loan-prequalification-matters/
- The proposed “taxation” of self-help in the form of on electricity generation systems, in order to supplement income lost to municipalities, is sure to draw opposition. Wait for it.
Legal stuff:
- A local authority cannot, via municipal bylaws, enforce planning schemes by embargoing transfers (nerds only): https://www.saflii.org/za/cases/ZACC/2024/25.html
- Communal property associations, especially those birthed to accommodate land restitution, have not been particularly successful, primarily because the communities, to be advanced by such structures, have difficulty in managing the associations that hold property on their behalf. The Prez signed into law an amendment act which includes a provision that such a “landowner” cannot lease or sell their land without gaining consent from the state “Registrar”. This has raised a minor kerfuffle, and those interested might take a look at the following article: https://dailyfriend.co.za/2024/12/02/latest-blow-to-property-rights-hits-hundreds-of-thousands-of-rural-people-irr/
Practise
News:
- Attorneys misbehaving:
- An Eastern Cape practitioner had been acquitted on misappropriation charges by the LPC after a R15m RAF settlement had not been paid over. This finding has been challenged by the Legal Services ombud. The mere fact that this became an issue, possibly means that the LPC had not acquitted itself satisfactorily of its obligations, which, I confess to not finding surprising.
- In a similar vein, is an accusation that a KZN practice had embezzled R4.5m from a child, stricken by cerebral palsy. Looking at this from the outside, it would appear quite possibly that the practice in question had failed to account for its expenses properly?
Whatever – lurid reporting, like the above, cannot do our profession any good.
- The OECD on our insolvency regime: https://www.linkedin.com/posts/daan-steenkamp-48a42520_oecd-estimates-suggest-south-africa-could-activity-7267767320444391424-bz2A/
- An employer should have a GBV policy and mechanisms to enforce this: https://bowmanslaw.com/insights/south-africa-the-employers-obligation-to-prevent-and-eliminate-gender-based-violence/
- SARS wishes to change the Tax Administration Act to enable it to recover fees and costs from taxpayers if it uses in-house legal counsel and wins. Yawn.
- Rule 45 of the Rules Regulating The Conduct Of The Proceedings Of The High Court has been amended: https://www.gov.za/sites/default/files/gcis_document/202411/51627rg11767gon5560.pdf
- The Master’s Office dysfunction has been much in the news of late. A webinar was held on Wednesday by the authorities, that hoped to promote the hastening of online systems for the reporting of estates, as that portal is not much used. As an event, it was a disaster and much of the news imparted old hat; the information that was sought to impart is available online: https://www.justice.gov.za/services/online-services.html#OSUG
A part of the difficulty is that the link between Home Affairs and the Master’s Offices does not work, and reports hold that efforts to streamline the registration of deceased Estates have had little impact.
- The EE Amendment Act will commence on 1 January: https://www.werksmans.com/legal-updates-and-opinions/employment-equity-amendment-act-important-news-for-employers-employing-more-than-50-employees/
- Generally, unless au fait with tax, practitioners should not involve them in the tax affairs of their clients, unless specifically asked. CGT and trusts are such an example: https://www.phinc.co.za/OurInsights/ArticleDetail.aspx?Title=Capital-gains-distributions-between-trusts–who-gets-taxed?
- Phone calls and direct marketing; the Information Regulator has published guidance notes on direct marketing, read phone calls: https://www.werksmans.com/legal-updates-and-opinions/direct-marketing-guidance-note-issued-but-only-the-future-will-tell/
- The RAF is back in the news; one wonders why its CEO is still in the cushions: https://www.moneyweb.co.za/news/south-africa/raf-ceo-launches-astonishing-tirade-against-law-firm-and-university-professor/
Hard news:
- Does a settlement agreement constitute a credit agreement? No, but take a look: https://cilreyn.co.za/2024/11/06/does-a-settlement-agreement-constitute-a-credit-agreement/
- The recent introduction of a Two-Pot pension system will affect divorces: https://www.dupwest.co.za/OurInsights/ArticleDetail.aspx?Title=The-Two-Pot-Pension-System-and-divorce&utm
- Revenge porn: if you publish revenge porn, involving your ex, the damages could be extensive: https://www.chmlegal.co.za/affair-and-revenge-porn-gone-digitally-wrong
- Evicting a tenant and becoming liable for spoliation: https://cilreyn.co.za/2024/11/26/understanding-tenant-rights-to-property-possession/
Conveyancing/Property
- I invite practitioners to take a look at the heading entitled “Legal Stuff” above.
- May you sell in execution if the order authorising attachment and sale, is under appeal? Yes, but… https://www.phinc.co.za/OurInsights/ArticleDetail.aspx?Title=Can-a-sale-in-execution-proceed-while-an-appeal-hangs-in-the-balance
- Zim plans to pay dispossessed farmers $331m in order to attain the restructuring of its debt pile, starting with a tenth of that value this year, which means that repayment will take some time. The difficulty, however, is that payment will be by way of Zim bonds; probably better than nothing.
- Sections 4 and 5 of the EDRS Act came into effect on 2 December. I suspect an exercise in nothingness …. just there to show that they are working on this! I still believe that little can happen on 31 March!
- Conveyancers are often confronted with dealing with rights held by legal entities that have been deregistered by CIPC. This may help: https://www.chmlegal.co.za/effect-deregistration-legal-entity-cipc-bona-fide-third-parties
- An interesting article, on a recent SCA judgement, which found that negligent municipal officials may be held personally liable for damages, may be found at: https://www.chmlegal.co.za/effect-deregistration-legal-entity-cipc-bona-fide-third-parties
Comment
I believe that a person should have the right to end his/her life. Whether such rights will apply in England and Wales will be decided upon this Friday.
Superman and kryptonite? Both the zama-zama and spaza shop dramas that have played out of late were caused, or at least exacerbated, by governmental neglect of its duties over many years.
Moving deckchairs on the Titanic? The Prez has bowed to pressure to move our now (on the face of it, compromised) ex-Justice Minister to another portfolio. Good (you will recall that she did not know the difference between borrowing and lending). The difficulty, of course, is that all ministers are deemed equal and, if so tainted by scandal as to be unsuitable for one ministry, surely this should apply to the next ministry also?
Why is it hard to start a business in South Africa: https://codera.co.za/why-is-it-hard-to-run-a-business-in-sa/
Lighten up
Q: What do you get when you cross the Atlantic with the Titanic?
A: About halfway
Written by: Daan Steenkamp
https://www.daansteenkampattorneys.co.za/
Still looking for your dream home, or wanting to sell? Feel free to give one of our developers a call today.
Tom Eastwick – The Gates, Hilton and Garlington, Hilton | 072 297 2699 | tom@devdirect.co.za
Janet Channing – Waterford Residential Estate, Howick | 082 570 5834 | janet@devdirect.co.za