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Yearly Archives: 2014

The Law of Agency: Makate and the Vodacom blunder

Kieren Sharpley considers the impact of the recent case of KN Makate v Vodacom on the law of agency in South Africa. Known as the  “The Please Call Me -case”), it sought to clarify the confusion surrounding the principles of actual authority, apparent or ostensible authority and when estoppel should be invoked as an appropriate case.

The case also narrowed the definition of debt as contained in the Prescription Act, and reaffirmed that pacta de contrahendo (agreements to agree or to contract in the future) were enforceable in South African Law... Read More

Shipping Law: The ship market and maritime finance in South Africa: An overview

The state of the ship market, maritime finance in South Africa and the effectiveness of our maritime laws in the protection afforded to financiers are the three pillars of our commercial maritime industry in South Africa. Steyn Botha evaluates the success of the South African Department of Transport in achieving its 1996 objectives of expanding this sector of the economy.

The South African economy and the economies of its landlocked neighbours are served by the six major ports on the South African coastline at Durban, Richards Bay, Port Elizabeth, East London, Cape Town and Saldanha... Read More

Company Law: The KING IV Report “At a Glance”

It has been eleven years since the release of King Report III, hence the need for a revision of this code of Corporate Governance.

King Code IV, in contrast to King Code III, has consolidated 76 principles into 16. These principles pertain to the ‘RAFT’ Governance ideals, namely: responsibility, accountability, fairness and transparency.

These 16 principles are categorically divided into five chapters, with each producing a governance outcome.

These 5 chapters are: Chapter 1- Leadership, Ethics and Corporate Citizenship; Chapter 2- Performance and Reporting; Chapter 3 – Governing Structures and Delegation; Chapter 4 – Governance Functional Areas; and Chapter 5 – Stakeholder Relationships... Read More

Property Law: Property owners’ liability for historical municipal debts

Section 118 of The Local Government Municipal Structures Act protects the rights of the Municipality in respect of Municipal debts owed by property owners. This section created much uncertainty in matters where the municipal attempted to enforce its rights against property owners. Since 2012, the Supreme court of Appeal dealt with this issue in two separate cases in an effort to provide the correct interpretation of the Act.

Liability of Municipal Debt in terms of the Municipal Systems Act

Section 118 of the Municipal Systems Act (herein after referred to as “the Act”) states in subsection:

(1)  “A registrar of deeds may not register the transfer of property except on production to that registrar of deeds of a prescribed certificate –

(a) issued by the municipality or municipalities in which that property is situated;  and

(b) which certifies that all amounts that became due in connection with that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate have been fully paid... Read More

Property Law: The newly published e-Deeds Bill: the dawn of modern conveyancing

The Minister for Rural Development and Land Reform recently published the Deeds Registries Amendment Bill, 2016 for public comment.

At the same time, the Department also published an informative memorandum on the object of the Bill, which is reproduced as follows:

MEMORANDUM ON THE OBJECTS OF THE DEEDS REGISTRIES AMENDMENT BILL, 2016     

1   BACKGROUND 1.1 Security of title in South Africa is not explicitly guaranteed by statute, but flows from the unique deeds registration system which is based on specific responsibilities (assigned by the Deeds Registries Act, 1937 (Act No... Read More

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