Articles

Pre-Emptive Right to Purchase Immovable Property: Constitutional Court Develops The Common Law

In the recent case of Mokone v Tassos Properties CC and Another [2017] ZACC 25, the Constitutional Court developed the common law dealing with a pre-emptive right to purchase immovable property. The court held that, since a right of pre-emption is not in itself an agreement for the sale of land, it need not comply with the formalities of the Alienation of Land Act 68 of 1981, which requires the sale agreement for land to be signed by both parties.

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Are Municipalities Entitled to Levy Rates for the Full Financial Year on Transfer of a Property

The recent SCA case of Nelson Mandela Bay Municipality v Amber Mountain Investments 3 (Pty) Ltd dealt with the issue of whether, following the sale of immovable property, the property owner is liable to pay the total rates on the property determined for the entire financial year or only the rates calculated until the property is transferred.

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Exception to the Without Prejudice Rule

The recent judgment of KLD Residential CC v Empire Earth Investments 17 (PTY) LTD 1135/2016) [2017] ZASCA 98 is ground-breaking, as the court took an exception to the “without prejudice” rule.

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SA Should Act Decisively to Realise Regional Hub Potential

The Comprehensive Maritime Transport Policy for South Africa launched by the Department of Transport (DoT) last month could potentially boost the industry and economic growth – but only with sufficient financial allowances and transparency to prevent corruption.

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Can Public Officials Exercising a Public Duty be Ordered to Pay Litigation Costs Out of Their Own Pocket?

In a recent matter the Constitutional Court grappled with the issue of whether the Minister of Social Development should be ordered to pay the costs of the litigation surrounding SASSA's failure to ensure the continued payment of government grants.

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Claims Secured by Special Notarial Bonds Prescribe After 30 Years

In the recent case of Factaprops 1052 CC and Another v Land and Agricultural Development Bank of South Africa t/a Land Bank, the SCA clarified the matter of what prescription period applies to a debt secured by a special notarial bond.

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Medical Aid Funds Win Appeal Against Competition Ruling in Namibia

On 19 July 2017, the Supreme Court of Namibia decided that the Namibian Association of Medical Aid Funds was not an undertaking subject to the Namibian Competition Act. With the question of high medical costs under the spotlight of the South African Competition Commission's healthcare market inquiry, perhaps the issue of benchmark tariffs in the healthcare price context will be revisited.

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SARS Annual Performance Plan 2017/2018

It is advisable to ensure that those licensed and registered with Customs and Excise are fully compliant with the current legislation and that each movement of goods is secured by way of a clear paper trail.

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Divorce Update: Holiday Contact with Your Child/Children – Be Prepared in Advance

One of the unfortunate repercussions of divorce is the splitting of school holidays with one's ex-spouse in respect of time spent with the children of the marriage. This often becomes the subject of urgent and expensive High Court litigation.

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Locus Standi for Interested Parties in Legal Proceedings with SARS

In the unreported case of Sariette Groenewald v Commissioner for the South African Revenue Service, the High Court had to determine whether a sole member of a close corporation had legal standing in an application brought by the Commissioner against the Close Corporation (the Taxpayer).

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