Deviation from the section 25(2)(a) and (b) plans when exercising a real right of extension has been soaked in debate since their introduction as a potential “plot-and-plan” option in sectional title developments. Alan West analysed the recent unreported case of Hartenbos Woonwapark CC v Registrar of Deeds and others and argues that the issue has finally been put to rest.
In the initial case of Dolphin Whisper Trading 10 (PTY) LTD v The Registrar of Deeds and another (20645/08) [ZAWCHC] the Court found that if there is not sufficient evidence of changed circumstances, the real right of extension has to be exercised strictly in accordance with the section 25(2)(a) and (b) plans... Read More
Labournet examines the legal consequences of the use of hidden recorders in labour proceedings and found that with ever changing and advancing technological developments that have been made readily available to the public, employers are increasingly confronted with secret audio recordings being submitted as evidence. Technology has made it easy to capture audio recordings with small and easily concealable devices, an iPod or smartphone can record lengthy discussions without detection. This trend of behaviour can be expected given South Africa’s current socio-economic climate, which has heightened the importance of job security for many South Africans... Read More
Law of Succession: Johannes Steyn Botha N.O. v Master of the High Court and Two Others: Acceptance of a codicil not conforming to the Wills Act
Section 2 (1) (b) (i) (ii) and (iii) of the Wills Act 7 OF 1932 stipulates that no amendment made in a will executed shall be valid unless: 1. The amendment is identified by the signature of the testator in the presence of two or more competent witnesses present at the same time; 2. The amendment is further identified by the signature of such witnesses made in the presence of the testator and of each other.
In the unreported judgment of Johannes Steyn Botha N.O... Read More