Monthly Archives: March 2014

Banking Law: Rule 46A and execution against residential immovable property

Introduction

The recent changes made to Rule 46 of the Uniform Rules of Court and Rule 43 of the Magistrates Court Rules have caught the attention of the legal community.

The courts in various divisions have been applying the existing Rules regarding the procedure leading up to sales in execution against immovable residential property in different ways, trying to balance out the rights of the judgement debtors and those of the judgement creditors.

In an attempt to reach uniformity in the application of the Rules of Court and to align these with the rights enshrined in section 25 and section 26 of the constitution, the High Court Rules Board have recently made some important amendments to the existing uniform rule 46 which is mirrored in Rule 43 of the Magistrates Court Rules... Read More

Credit Law: Collecting prescribed debts to which the National Credit Act applies

Under the post-1994, democratic dispensation, courts have shown an increased tendency to interpret legislation from a pro-consumer stance. This has produced favourable results in that there has been a decrease in the number of one sided transactions being concluded between large corporations and unwitting consumers. However, the corollary of this is thousands of invalidated contracts and millions of Rands in written-off debts in circumstances where credit providers and companies that concluded agreements in good faith. This harsh commercial climate has placed a demand on attorneys that represent the corporates in question to be incredibly knowledgeable and highly skilled in drafting agreements and collecting debts that stem from the same... Read More

Contract Law: Pre-Emptive Rights: Mokone v Tassos Properties CC and Another

FACTS

A written agreement of lease was concluded between Tassos and Ms Mokone on 1 March 2004 for a one year period. Contained in this agreement was a pre-emptive clause. Once the lease period lapsed an oral agreement on the same terms and conditions as the written lease was entered into. On 3 May 2006 a manuscript was used to extend the lease by means of endorsement in terms of which ONLY a representative of Tassos signed.

A deed of sale was then entered into between Blue Canyon Properties and Tassos this meant that the property was sold to Blue Canyon without allowing Ms Mokone to exercise her right of pre-emption... Read More

Environmental Law: Sustainable Development and Planning

Sustainable development is an evolving concept in both international and domestic environmental law.

The intellectual foundation thereof was laid in Bruntland’s vision of Our Common Future, a report by the World Commission on Environment and Development. The concept was initially constructed in an attempt to resolve the conflicting needs of development and environmental protection. The original definition thereof affirms this as “…development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

It has developed over the past three decades through a number of hard and soft law instruments. .. Read More

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