Yesterday a gentleman, who had just passed his notarial exams, mentioned to me that it was probably a worthless qualification. Possibly; whilst often mundane jobs are done by notaries, the value thereof can hardly be overestimated. My protocol stands at some five thousand documents. The largest part of this is represented by ANCs. Currently, the cheapest rate one should execute an ANC for (someone else) is probably about R1000. This means the value of just the notarial work done by me in my working life to date must exceed R5 000 000. Worthless? I don’t think so.
The Stellenbosch Law Clinic has taken on the credit industry to expose what is termed as one of the biggest scandals that has been plaguing the debt collection industry in South Africa. The allegation made is that the dirty little secret in the credit industry is widespread abuse that is not addressed because this as such a profitable business. The thrust of the action seems to be that the clinic seeks to extend the in duplum rule to interest, costs and fees.
I have a wealthy friend who I had to discourage when he sought to leave his estate to his dogs. Oregon is a hardly a progressive state and I suspect that its lawyers have become necessarily inventive: Justice, an appropriately named horse, is suing its owner for having neglected it to the point of penile prolapse.
Anti-dissipation order . . .
TransNet had sought such an order against the Regiments group, which had links with the infamous Gupta-linked Trillian, fearing that an unbundling exercise undertaken by that group would leave that group without any assets to repay about four million Rand which had been misappropriated by it. To obtain such an order, two elements had to be satisfied, namely:
that the respondent was dissipating or hiding assets; and
that there is reason to believe that such dissipation or hiding of assets will take place with the intention of defeating the claims against that entity.
Interesting but not earthshaking : Reference
Condonation of a late application for rescission of judgement . . .
Reading this judgement, one must sympathise with the applicant. He had suffered extreme trauma, exacerbated by his own use of alcohol, which he alleges delayed his applying for the rescission of a judgement which had clearly been incorrectly given. The judge had sympathy but was apparently eventually swayed by the hardship that such an order would have upon the defendant estate : Reference
If legal theory is your thing, you would enjoy the article by Zitzke on the theory underlying the intestate inheritance of a same-sex permanent life partner. A heavy read for a practitioner..
“Constitutionally wanting” reasoning in the law of intestate succession: A critique of categorical objectivism, the achievement of inequality, and a jurisprudence of pride” 2018 TSAR 182
Ask me for a copy.