You must love what is happening at the State Capture Commission: Duduzane, Faith, Ajay – the implicated/accused, wish to cross-examine but not testify. Yes, the basic tenet of our profession holds that all are entitled to legal representation even if guilty, but I could not help but wonder whether those, appearing on behalf of these worthies, can still cringe?
For those who have not yet seen the Western Cape High court decision that Muslim marriages should be acknowledged in our law: Reference
Validity of electrical compliance certificates
Built up properties should be sold subject to obtaining an electrical compliance certificate. Generally speaking, a purchaser cannot see whether the electrical system in a house is compliant and must needs rely on this certificate. Can the seller, and, is this a latent defect?
A recent case, in which such a certificate was issued and, despite the seller, knowing that one could not touch the energiser for the electrical fence, as it would shock you, pleaded that this was a latent defect of which she was not aware. The question was this: was the seller unaware of the problem with the electrical system and could she rely simply on the electrical compliance certificate? The court drew the inference that the seller had deliberately concealed this information and did not buy her argument. Reference
Slovenly drafting by municipal legal advisers and conveyancers, result in often chaotic conditions which bind the first owner in part and, confusingly, in part, his successors in title. Such conditions were customarily brought forward in titles for decades. Increasingly (and properly) the Deeds Office is insisting that these be expunged or dealt with. Of late, a decision, that the non-exercise of a repurchase servitude by a municipality, is subject to prescription, has made waves.
I hold a recent article by the redoubtable Prof Sonnekus on the topic. It is dense, in hoge Afrikaans and for the determined only. Ask me for a copy.
