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Articles and advice on all things legal

Practice Review 2018 – 21

This week past I was again reminded of a bête noire of mine on the reading an ABSA will: the last clause comprised a standard disclaimer. In a will? To my recollection, the debate on liability leading to this, started in the early 80s when one of the big four banks...

Property Review 2018 – 21

BetterBond says that the affordable sector of our property market is performing well. It quotes statistics from some deeds offices, which shows that bonded transfers of such properties are some 10% (and more) higher than the equivalent six-month period, last year....

Business Review 2018 – 20

WesBank has introduced DebiCheck: a debit order where the customer is asked to electronically approve the first debit order deduction. This should put a brake on those who allegedly abuse the system of payment. Take a look: Reference   Spin: Momentum was surprised at...

Economy Review 2018 – 04

The Auditor-General reports an irregular first and second tier government spend of R51bn. Add to this a similar non-compliant spend by SOE’s of 24bn; mind boggles when politicians speak of oversight and other challenges. That wonderful racial stereotype where the...

Snippet 2018 – 15

“Bananaism”: Build Absolutely Nothing Anywhere Near Anything. The term is applied to those who buy into areas which would develop in order to lock in the gains that are expected in such a development. This leads to open areas owned by some but not being actually used...

Practice Review 2018 – 20

It’s not us it’s them: the KZN Department of Health has spent virtually its entire budget for the year on medical negligence claims – that department is reportedly facing claims to the tune of more than R17bn. The department blames unscrupulous lawyers, doctors et...

Business Review 2018 – 19

Botswana has been rated the best African country for safari travel. Considering that one does not have to pay for long-distance flights, this should be an option we should seriously consider.   SWMBO received a brochure from Sanlam advising that that insurer will be...

Economy Review 2018 – 03

Municipalities are, by definition, third tier government structures. These entities owe Eskom R17bn. Water provision is in a similar situation. This state of affairs was brought about by the State providing services which it could not afford. On a macroeconomic level...

Snippet 2018 – 14

The KZN Department of Health issued a directive stating that all registrar posts must go to black applicants. This means that you cannot specialise in KZN if you are white. One understands that the State wishes to fill racial quotas but, if one has a system in which...

Practice Review 2018 – 19

The CEO of the RAF has said that the RAF had been insolvent since 1981... It is R9bn worth of claims in arrears each month. Yet it only receives around R3.5bn monthly from the Treasury but settles claims worth R4bn. We may not like this, but a different system seems...

Property Review 2018 – 20

It is easier to grasp the growth of residential buildings (by type) by looking at the picture: Reference   it appears that, on average, house price growth has stagnated. On the positive side, Ooba reports that its home loan approval rates are increasing (its yoy...

Business Review 2018 – 18

Our PMI is reported to have shown the steepest decline in private sector economic activity in fifty-one months; falling to 46.9 points. There are green shoots here and there but, generally speaking, it is hard to keep faith.   I have a very interesting video which...

Snippet 2018 – 13

The office of the KZN Premier has not obtained a clean audit – again. More talk about action plans and heads to roll coming?   A desperate challenge: a most interesting development is unfolding in Mexico: a “caravan” of migrants is approaching the USA border and Trump...

Practice Review 2018 – 18

What does one do when local underage marriages are prohibited, but immigrants who are so married were legally married elsewhere? Sweden is expected to pass legislation which will invalidate all underage marriages. The motivation is understood but the consequences may...

Property Review 2018 – 19

FNB has created an app which provides a quote for your current home, assists you in finding a new home and gives you pre-approved finance. Not a bad idea: Reference   FNB estimates that the percentage of sellers selling to downscale, owing to financial pressure,...

Practice Review 2018 – 17

Old style black marriages were out of community of property by default. Such marriages under the Transkei Act have been found to be unconstitutional as it discriminated against women from the former homeland. Reference   I am indebted to Paul, who drew my attention to...

Property Review 2018 – 18

The retail property sector appears to have outperformed the other property sectors over the past two or three decades, says Loos - FNB. The long-term house price index had inflated by 670% since 1996 and that of the retail property market by 877%.   IOL, publishing a...

Business Review 2018 – 17

An interesting aside on tax bracket creep, is a BankservAfrica note which says that, if inflation is considered, the average annual growth of South African salaries after tax and expenses has only been 0.5% for the past five years.   Cesa reports that the confidence...