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Articles and advice on all things legal

Practice Review 2018 – 14

Have you noticed Mr Zuma offering to testify at the state capture inquiry. It would be most interesting to see if he ever makes good on this promise: it is easy to say that you have not been implicated by any of the evidence, but quite awkward when you are sitting in...

Property Review 2018 – 16

Huletts is reportedly targeting an area across the Shongweni turnoff off the N3 for a new town development to be named Ntshonweni. Take a look at this report: Reference   Rhode opines that house prices in South Africa are still high in real terms. He forecasts that,...

Business Review 2018 – 14

This week past, the COSATU policy positions for the general elections next year was published. Some of this makes for fun reading: 50% of private retirement funds must be invested in job creating projects and in SOEs; 50% tax rate for companies and deceased estates;...

Snippet 2018 – 11

FIRE: an acronym for Financial Independence Retire Early. The question is whether the daily grind/rat race is getting to you and whether, in the long run it is really worth it? Google Fire+ retire early.   The land expropriation debate is driven by irrationality and,...

Practice Review 2018 – 13

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...

Property Review 2018 – 15

In the halcyon days of yore, the Pietermaritzburg deeds office would take in some 1400 lodgments per day. This is down to just over 500. I asked why? Interestingly, the answer lies not primarily with our poorer financial circumstances, but the State virtually ceasing...

Snippet 2018 – 10

A hoo-ha has erupted on the intent to rid a New Zealand town of cats. As background to this is the history of mammal predators having been introduced to that country with the advent of Westerners. When Cook landed he told that the din of nesting birds was such that...

Practice Review 2018 – 12

A perennial delay in our courts is caused by waiting for forensic results. The SAPS received R3.5bn for these services in the last tax year, more than the Department of Health for similar services. One hopes that this will eventually deliver results.   The law is an...

Property Review 2018 – 14

Smart Property: Airbnb launched Smart Property; a system whereby only those, entitled to access a residence, are given the electronic means to do this. Typically, this represents giving out an electronic key that matches a digital lock which gives access only during...

Business Review 2018 – 13

Have you ever wondered why Muslims do so well at business? They are a community of traders and entrepreneurs descended of Indian and Arab- Muslim traders and involve themselves in community collaboration. Hate them or love them, the fact is that they, much like the...

Snippet 2018 – 09

We provide protection for municipal officials but none for whistleblowers (our Minister of police has taken a finding by the Public Protector, requesting protection for anti-corruption fighters, on judicial review). Superficially, the former occupy a public office and...

Practice Review 2018 – 11

The Sunday Times reported that the ANC has bowed to pressure from traditional leaders that allowed citizens the right to refuse to be subject to the jurisdiction of traditional courts. The difficulty seems to be that optional participation would nullify the existence...

Property Review 2018 – 13

Moneyweb reports that the average national residential property rental growth has halved from a year ago and is currently at 3.27%. Interestingly, the Free State at 8.14%, KZN at 6.75% and the Western Cape at 6.97%, are the only provinces in which such rental growth...

Business Review 2018 – 12

For the first time, since 2009, State capex has decreased – by R12bn. It appears that those who backed off most were Prasa and TransNet. The Statistician General recorded that municipalities had spent R63bn on capital expenditure and R331bn on “operational...

Practice Review 2018 – 10

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...

Property Review 2018 – 12

Tribal land: just this phrase, harkening back to feudal times, says it all. Traditional leaders are in a bind: the tenure under which land is held in traditional areas is simply unsustainable. Land “owners” don’t pay rates which makes it difficult to render services....

Business Review 2018 – 11

Most ex large-practice conveyancers have a love/hate relationship with banks. I share the sentiment. I business-bank with Nedbank to access, what has become the industry standard for handling client deposits and guarantees, Corporate Saver. Having declared my...

Practice Review 2018 – 09

There is a position open for a competent, experienced commercial conveyancer, either in Pinetown or in Umhlanga. If this interests you, drop me a note.   A report last week on a serial maintenance dodger sent to gaol for 4 ½ years must have come as great news to many...