Property
MortgageMe is a 6-month old online bond aggregator; take a look: https://mortgageme.co.za/
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One of the obligations of a body corporate in a sectional scheme is to provide a fund for future maintenance of the communal property. This is very often not done in very small schemes such as those comprising only two units, as personal management is a nuisance and professional management expensive. Is the creation of such small schemes wise? I believe not. I would certainly not buy into one if the scheme has not been run properly. Amongst other things, one runs the risk of banks not being willing to fund future purchases of units in which the body corporate is technically insolvent.
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The regulations giving effect to the Property Petitioners Act are available for comment: https://www.greengazette.co.za/notices/property-practitioners-regulations-2020-for-public-comment_20200306-GGN-43073-00139
I confess to being loath to even take a look. The mere suggestion of removing barriers to entry for disadvantaged individuals is totally offputting. Such access comes at a public cost which runs contrary to the very idea of a profession (if one can truly term estate agency a profession).
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Green loans: Balwin properties, together with Absa, has launched the Absa Eco Home Loan scheme. To thus borrow – presumably at a cheaper rate – will require EDGE (Excellence in Design for Greater Efficiencies) certification; take a look: https://www.edgebuildings.com/marketing/edge/
Practice
One cannot/should not be able to contract out of liability for wilful misconduct or gross negligence: a short article on the topic may be found at https://www.golegal.co.za/willful-misconduct-liability/
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This week past the Constitutional Court heard arguments challenging legislation which excludes domestic workers from the Compensation Fund. This is going to be interesting as the result, if positive, will be that employers of domestic workers might face unpleasant sanctions if their workers are not registered.
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The slew of bad press deservedly earned by our Public Protector, might well lead to her being removed from that post. One wonders if the ruling party would support this? Those holding positions such as judges should, after all, be demonstrably capable and neutral. For her supporters to accuse our courts of playing politics is indicative of a fundamental misunderstanding of the position that she occupies.
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Is it desirable to have foreign nationals admitted as legal practitioners? I truly do not know: https://www.dailymaverick.co.za/article/2020-03-09-distant-cousins-and-colonial-borders-the-continuation-of-apartheid-era-exclusions-from-the-legal-profession/?
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The Pretoria chief magistrate has been suspended over allegations of benefits received from Bosasa.
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The findings of the PIC commission may be found at paragraph 67 – 72 on the following site: https://www.politicsweb.co.za/documents/report-of-pic-inquiry-executive-summary?
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Geofencing is a tool used by American police in extracting information about the whereabouts of Google users. Google would advise users of such requests for information.
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From 9 March the Uniform Court Rules (Rule 41A) has made it compulsory to include a notice in every summons and application stating that an option to mediate over the issues in dispute is available. Failure to do so may result in a cost order against you.
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I hold an article on the interaction between business rescue proceedings and the liability of sureties for that entity (2019 SA Merc LJ 129 Phungula). Ask me for a copy.
Economy
Nedbank has revised our GDP for this year down to 0.3% and says that we run a high risk of recession.
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The South African BER business confidence index has sunk to its lowest level in 20 years: 8 out of 10 respondents are unhappy about current business conditions.
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Our manufacturing output has contracted for the eighth straight month, which contraction is primarily attributed to the production sectors for timber, paper and vehicles.
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NSFAS has reported that it may not be able to recover up to R2bn paid to wrong students. This is a s-up of note; blithely termed a failure of critical governance processes.
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The value of bitcoin has plummeted 50% over 14 days.
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Uplifting: you gotto love these guys – Pornhub (which I assume is the largest porn site) has announced free premium services to Italians during the coronavirus lockdown. ‘Nuff said…
Business
The 6 month old 3-minute overdraft facility launched by Standard Bank has been a resounding success in that it radically reduces the wait-for-loan-times for SMEs: https://www.standardbank.co.za/southafrica/business/products-and-services/borrow-for-your-needs/cash-flow-solutions/business-overdraft
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The pandemic:
- Force majeure (French) or vis maior (Latin) is a common law term applied to events which are beyond the control or reasonable foresight of contracting parties and which makes the performance under a contract impossible. Such an event would allow one to escape from non-performance under a contract. Interestingly, mere hardship or financial difficulty caused by such an event, does not qualify as a force majeure event. To address this void in our common law, so-called force majeure clauses are added into a contract to change the automatic common law consequences of such an event or to contractually extend the reach of supervening difficulties. The advent of the coronavirus pandemic may well qualify as such an event when ports and factories close, making the delivery of promised goods impossible.
- For those interested in the topic of force majeure there is a short masters dissertation available on the Internet: https://www.mobt3ath.com/uplode/book/book-56829.pdf
- Further on the topic is a (somewhat awkward) video on the topic of workers/employer rights in this situation: https://www.cliffedekkerhofmeyr.com/en/news/media/2020/rights-of-workers-when-it-comes-to-the-threat-of-the-coronavirus.html
- if you are a catholic: https://select.timeslive.co.za/news/2020-03-10-mass-hysteria-virus-forces-holy-communion-shake-up/?
- The inevitable conspiracy theories have emerged is one that holds that technocrats will one day rule. Discomforting as that may sound, a brave new world might well be preferable to our current local rule! https://www.technocracy.news/death-to-capitalism-technocracy-cheers-as-markets-crumble/
- Now might well be an opportune time to change the way we deliver education and work.
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Revolutionary students? Mcebo Dlamini, a gallant fighter for economic freedom, has escaped jail-time. Ironically, his sentence included 6 months for being in the country illegally. A non-national lauded for causing havoc in his host nation…lauded? I truly believe that business should not support those so involved: consider this on hiring.
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The proposed investment of GEPF funds into Eskom presents an interesting dilemma. The GEPF has already invested some 18% of its total assets into that entity. Is further investment in a single sub- investment grade asset wise? This question is countered by stating that the State would guarantee repayment. Both Eskom and the State are broke – if called out, the last resort will be the taxpayer. Factually the taxpayers must eventually fund this disaster anyway. Why not use those funds and kick the can down the road?
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Would you register your company overseas to guard against a potential economic implosion in South Africa? If you do this: where will you pay tax? POEM appears to be the hurdle; take a look: https://www.golegal.co.za/place-effective-management-offshore/
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As of January 2020, CIPC requires that all companies should comply an annual compliance checklist: this serves as a check for compliance with the mandatory requirements of the Companies Act and as educational tool. Providing false information to the CIPC is an offence.
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Lawyers love inserting arbitration clauses into contracts: is this a good idea? This is debatable: full-blown arbitration can be as expensive as a court action (one also has to pay the arbitrator which is not the case in a court action – and the top guys don’t come cheap), the proceedings are not public and, probably its sole merit, is that arbitration can be much quicker than court actions. If you are a wronged employee or director, it is unlikely that arbitration would be to your benefit. A company is often shamed into acting when it’s conduct is called into question.
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Are you the manager of a shopping centre? I hold a business school management article on the Key Relationship Principles for Retail Tenants and Shopping Centre Management by three academics which conclude that trust is the primary component of long-term relationships in such centres. Worth a read – ask me for a copy.
Quotables
“Music is the shorthand of emotion” Leo Tolstoy
Comment
Breathes there a man with a soul so dead…that he is not moved by great music? Take a few minutes and try this: https://www.youtube.com/watch?v=NuttvUdcMds or https://www.youtube.com/watch?v=W1EG_4IBzbA
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Gutterfun: not a square to spare was the title of write-up on the Great Toilet Paper Panic in Australia. These colonials are really misguided; rolls are replaceable by rinses: beer is not replaceable.
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Politico Jonathan Moyo opines that Zim’s Mnangagwa has become a hostage president and is on his way out. The country is on autopilot.
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Clairvoyant or shrink? The UKZN has taken on a sangoma who says that a common problem among students was that they didn’t know who their fathers were? The head of indigenous matters at that university is quoted as follows: “A psychologist wouldn’t be able to pick up the ancestral calling which the sangoma does.”
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You have to love this country: a troop of baboons was flown/relocated from the Cape to Limpopo: but we won’t do the same with asylum seekers who become a nuisance!
Lighten up
The recent hooha on s@x education, translated into Afrikaans: Kooikatkisasie
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What did the poker player do with the last piece of toilet paper?
Fold
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A lot of people will prefer luxury toilet paper over cheaper brands;
But on the whole they’re no different.
Still looking for your dream home. 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
#retirement #gatedestate #luxuryliving #midlandsliving
Author: Dr Daan Steenkamp – Attorney