Property Law and Contract: Contractual Unfairness and the Constitution
In the recent as yet unreported case of Bondev Holdings Midrand (Pty) vs Mulatedzi Alton Madzhie and others delivered by Acting Judge CR Jansen on 19 December 2016 in the Gauteng High Court, important contractual issues in a constitutional perspective were addressed in an insightful and ground-breaking judgement.
The applicant, a property developer, sold a vacant residential plot to the first respondent in January 2012. The first respondent paid the purchase price from loan finance raised, but failed to commence with construction of a dwelling on the property as required in terms of the deed of sale... Read More
Estate Agents: No Fidelity Fund Certificate, No Commission?
Section 34A of the Estate Agency Affairs Act 112 of 1976 requires that an estate agent must have been issued with a valid Fidelity Fund Certificate before he or she will be entitled to remuneration or other payment arising from the performance of any duties of an estate agent.
In the recent High Court judgment of Crous International (Pty) Ltd v Printing Industries Federation of South Africa an estate agent claimed commission from his principal following the successful sale of its immovable property... Read More
Ethics in action in the Legal Profession
“We have to link ethics to justice. If there is no justice in the world, nothing good will come from it.” Mr. Krish Govender, Chairperson of the Law Societies of South Africa (Ethics Committee).
1. Ethics: Broadly defined
Ethics consists of knowing what we ought to do, and ethical decision-making consists of actually doing what we know we ought to do.
No person is born ethical; rather, just as there are stages of growth in physical and emotional development, so too are similar stages present when it comes to ethics and ethical decision-making... Read More