*
I read somewhere about an advocate who practiced at the Johannesburg Bar, who was heard to say to the Judge in a motion court application, that he had “Three points and One udder point.” When they judge said to him that he surely meant he had four points, Counsel was adamant by saying that no, he had three points and den wun udder point. I think you get the picture.
Today’s points:
1. The deeds office is still blowing hot and cold. Sometimes they strike and sometimes they don’t. Sometimes it is open for some things like lodgments and sometimes not. Yesterday it was closed.
2. One of our deeds was recently rejected and I was told by my Pietermaritzburg agent that the query from the deeds office pointed out that the “title deed has been artificially reinforced with a cellophane covering which precludes it from being scanned through the computer system” so the deed was being regarded as unserviceable and a formal application needed to be made for a replacement deed under Regulation 68(8). Easy enough but who pays the costs of that application?
3. Are we being bullied into accepting [judging by newspaper reports] that the Consumer Protection Act will see the demise of the “Voetstoots” clause in sale agreements?
And the one udder point:
On one of the international television channels, viewers were informed last night that computer users now more readily access their Facebook accounts than Google. Wikipedia tells me that as of July 2010, Facebook has more than 500 million (five hundred million!) active users. Users are accessing websites that their friends access. It is a viral thing.
Regards,
Sieg
Quote:
Accused: “I am innocent, as God is my witness.”
Judge: “Are you requesting an adjournment in order to call Him (as a witness)?”
From the (1972) 12 Rhodesian Law Journal 131 as quoted in Ellison Kahn’s “Law, life and laughter encore” which is available as a “google” book. Here’s the link: http://books.google.com/books?id=-f_yBdhgtIEC&pg=PA1&dq=Ellison+Kahn&source=gbs_toc_r&cad=3#v=onepage&q&f=false
Thursday, August 19, 2010
Tuesday, August 17, 2010
“Omkeer!”
Ask any ouk who has had to do military service of the meaning of the word “omkeer” – about turn.
Sometime in June we received Registrar’s Circular 7 of 2010 which placed an outright ban on the restoration of deeds [other than in two exceptional cases].
Restoration is the process whereby a deed that has been rejected by the Deeds office, is “restored” without having to go through the whole process of re-lodgment, etc. This was particularly useful where the rejection error was one that was easily corrected or where, as sometimes happened, the deeds office erroneously rejected a deed which it should not have done.
Now, it only seems fair that if a deed has been rejected because a deeds office examiner made an error, that the deeds office says “Oops, sorry, we slipped up and we will make amends by restoring the deed”.
No, said the Registrar, even in that case, no more restorations.
I subsequently learnt that this circular was the reaction by the Registrars (of Deeds) to the fraud that had taken place when several Johannesburg Municipality properties had been fraudulently transferred. So, because of the misdeeds of some deeds office officials, all of us are now “punished”.
But, I am happy to report, the Registrar of Deeds at Pietermaritzburg has withdrawn Circular 7 of 2010, i.e. she has done an “omkeer”.
I heard through the grapevine via my esteemed Pietermaritzburg colleague, that the deeds office was “threatened” with High Court Action, hence the omkeer.
Regards,
Sieg
Quote:
“ The world has moved on and morals have changed. Divorce, which in earlier days was available in the event of adultery or desertion only, is now available in the event of an irretrievable breakdown of the marriage. Guilt is no longer an issue. There is no reason why a just cause for ending an engagement should not likewise include the lack of desire to marry the particular person, irrespective of the “guilt” of the latter. Unwillingness to marry is clear evidence of the irretrievable breakdown of the engagement. It appears illogical to attach more serious consequences to an engagement than to a marriage.”
Per Harms DP in the Appeal Court decision of Van Jaarsveld v Bridges 2010 (4) SA 558 in a “breach of promise to marry” case which involved as the claimant, the daughter of the late Bles Bridges. [And this is to my friend Pierre of Pretoria: how far have we moved since the long journey from Cape Town to Johannesburg as described in Guggenheim v Rosenbaum?]
Sometime in June we received Registrar’s Circular 7 of 2010 which placed an outright ban on the restoration of deeds [other than in two exceptional cases].
Restoration is the process whereby a deed that has been rejected by the Deeds office, is “restored” without having to go through the whole process of re-lodgment, etc. This was particularly useful where the rejection error was one that was easily corrected or where, as sometimes happened, the deeds office erroneously rejected a deed which it should not have done.
Now, it only seems fair that if a deed has been rejected because a deeds office examiner made an error, that the deeds office says “Oops, sorry, we slipped up and we will make amends by restoring the deed”.
No, said the Registrar, even in that case, no more restorations.
I subsequently learnt that this circular was the reaction by the Registrars (of Deeds) to the fraud that had taken place when several Johannesburg Municipality properties had been fraudulently transferred. So, because of the misdeeds of some deeds office officials, all of us are now “punished”.
But, I am happy to report, the Registrar of Deeds at Pietermaritzburg has withdrawn Circular 7 of 2010, i.e. she has done an “omkeer”.
I heard through the grapevine via my esteemed Pietermaritzburg colleague, that the deeds office was “threatened” with High Court Action, hence the omkeer.
Regards,
Sieg
Quote:
“ The world has moved on and morals have changed. Divorce, which in earlier days was available in the event of adultery or desertion only, is now available in the event of an irretrievable breakdown of the marriage. Guilt is no longer an issue. There is no reason why a just cause for ending an engagement should not likewise include the lack of desire to marry the particular person, irrespective of the “guilt” of the latter. Unwillingness to marry is clear evidence of the irretrievable breakdown of the engagement. It appears illogical to attach more serious consequences to an engagement than to a marriage.”
Per Harms DP in the Appeal Court decision of Van Jaarsveld v Bridges 2010 (4) SA 558 in a “breach of promise to marry” case which involved as the claimant, the daughter of the late Bles Bridges. [And this is to my friend Pierre of Pretoria: how far have we moved since the long journey from Cape Town to Johannesburg as described in Guggenheim v Rosenbaum?]
Friday, August 13, 2010
It will (soon) cost more
The deeds office charges are to increase with effect from 02nd September 2010.
I have set out the increased amounts in a table which is available on request.
Most of the items show an increase of R50.00.
Regards,
Sieg
PS: I had one comment from an owner who recently had to go through the “tenting” experience. This is what she wrote: “"It was a nightmare, find hotels for the dogs, cat and fish..LOL. and to top it security is also a problem too. feels like your home has been invaded.." [Thanks, Ann!]
Quote:
“ I can’t think of a single reason why I would want to remain an attorney but I can think of a thousand reasons to quit being one.”
With apologies to Grey’s Anatomy, episode 1, First Series, as modified by Sieg
I have set out the increased amounts in a table which is available on request.
Most of the items show an increase of R50.00.
Regards,
Sieg
PS: I had one comment from an owner who recently had to go through the “tenting” experience. This is what she wrote: “"It was a nightmare, find hotels for the dogs, cat and fish..LOL. and to top it security is also a problem too. feels like your home has been invaded.." [Thanks, Ann!]
Quote:
“ I can’t think of a single reason why I would want to remain an attorney but I can think of a thousand reasons to quit being one.”
With apologies to Grey’s Anatomy, episode 1, First Series, as modified by Sieg
Thursday, August 12, 2010
Entomologist Clearance Certificates and fumigation
Most sale agreements of residential properties [well, those near the coast, in any event] contain a clause that obliges the Seller to provide the Purchaser with an Entomologist Clearance Certificate [sometimes referred to as the “pest certificate” or a “woodborer certificate”. Sometimes the entomologist finds these pests and then recommends that the house be tented and fumigated.
I had a look today at the recommendations of the fumigator and am rather pleased that I have not had to move out of a house (yet!) while it gets fumigated. I have set out the list of recommendations for the home owner below. Judge for yourself what a nuisance this would be.
Regards,
Sieg
________________________________________
The fumigator’s recommendations:
“Please note that it is our intention to fumigate the above-mentioned property for the eradication of woodborer, by using Methyl Bromide Gas.
All persons must vacate the premises when we arrive to commence fumigation. Fumigation is a process that can result in the death of humans and animals. It is therefore imperative that the following precautions are taken and carried out.
1) All humans, animals, pets, fish in tanks and bird seed to be removed from the premises.
2) Remove all unsealed foodstuffs with a liquid content e.g. eggs, butter, milk, meat, fish, fruit, vegetables, bread and cakes and wine.
3) Remove all medicines.
4) Remove all unwashed woollens, furs, kid leather items, Persian/Chinese carpets, thick pile shaggy carpets, latex rubber, yoga mats, pillows (feather and kapok), scatter cushions, suede jackets, army coats, wetsuits, eiderdowns and any pure wool products.
5) Photographic fluids, first aid kits, indoor plants, building blueprints.
6) Precious flowers within 1.5 m of the outside wall. These can be replaced after fumigation.
7) Depending on roof structure, you will need to remove T.V. and radio antennae including satellite dishes.
8) Remove any other items pointed out prior to fumigation.
9) Lock up all your valuables.
10) The building must be vacated a period of 2 days, including 2 nights. Access will be required to the roof void of the building. All rooms will be inspected immediately prior to the fumigation.
11) Notification to be given to insurance companies to inform them that a fumigation is to be carried out.
12) Notify neighbours that a fumigation is to take place, so that they can take precautions with their children and animals. During the fumigation, only authorised, working personnel will be allowed on site.
13) After fumigation air out all rooms, cupboards and drawers. No need to wash or rinse anything after the fumigation as there is no residue.
14) We cannot be held liable for damage caused to any roof structure, gutter, down pipes, electrical wiring or fittings.”
________________________________________
Quote:
“But borrowing strength builds weakness. It builds weakness in the borrower because it reinforces dependence on external factors to get things done.”
Stephen R Covey in “The 7 habits of highly effective people”, 1989 at p.39
I had a look today at the recommendations of the fumigator and am rather pleased that I have not had to move out of a house (yet!) while it gets fumigated. I have set out the list of recommendations for the home owner below. Judge for yourself what a nuisance this would be.
Regards,
Sieg
________________________________________
The fumigator’s recommendations:
“Please note that it is our intention to fumigate the above-mentioned property for the eradication of woodborer, by using Methyl Bromide Gas.
All persons must vacate the premises when we arrive to commence fumigation. Fumigation is a process that can result in the death of humans and animals. It is therefore imperative that the following precautions are taken and carried out.
1) All humans, animals, pets, fish in tanks and bird seed to be removed from the premises.
2) Remove all unsealed foodstuffs with a liquid content e.g. eggs, butter, milk, meat, fish, fruit, vegetables, bread and cakes and wine.
3) Remove all medicines.
4) Remove all unwashed woollens, furs, kid leather items, Persian/Chinese carpets, thick pile shaggy carpets, latex rubber, yoga mats, pillows (feather and kapok), scatter cushions, suede jackets, army coats, wetsuits, eiderdowns and any pure wool products.
5) Photographic fluids, first aid kits, indoor plants, building blueprints.
6) Precious flowers within 1.5 m of the outside wall. These can be replaced after fumigation.
7) Depending on roof structure, you will need to remove T.V. and radio antennae including satellite dishes.
8) Remove any other items pointed out prior to fumigation.
9) Lock up all your valuables.
10) The building must be vacated a period of 2 days, including 2 nights. Access will be required to the roof void of the building. All rooms will be inspected immediately prior to the fumigation.
11) Notification to be given to insurance companies to inform them that a fumigation is to be carried out.
12) Notify neighbours that a fumigation is to take place, so that they can take precautions with their children and animals. During the fumigation, only authorised, working personnel will be allowed on site.
13) After fumigation air out all rooms, cupboards and drawers. No need to wash or rinse anything after the fumigation as there is no residue.
14) We cannot be held liable for damage caused to any roof structure, gutter, down pipes, electrical wiring or fittings.”
________________________________________
Quote:
“But borrowing strength builds weakness. It builds weakness in the borrower because it reinforces dependence on external factors to get things done.”
Stephen R Covey in “The 7 habits of highly effective people”, 1989 at p.39
Wednesday, August 11, 2010
A Conveyancer’s Diary: Wednesday 11th August 2010
Executions and the State Employees strike
This from a circular just received [which refers to the Deeds office at Pietermaritzburg]:
“11 August 2010
DEEDS OFFICE STRIKE
The Deeds Office has said that there will be no executions today. It appears that the other functions of the Deeds Office will not be affected.
Yours faithfully”
Just when you thought capital punishment had been abolished . . .
Regards,
Sieg
Quote:
“Anxiety is practicing failure in advance”
Seth Godin in “Linchpin”, 2010 at p. 136
Tuesday, April 27, 2010
Arrogance or ignorance?
A Conveyancer’s Diary: Monday 26th April 2010
Arrogance or ignorance?
This one is about “traffic fines”.
I have always understood, since my second year studying law at university, that only a Court may impose a sentence of a fine (or imprisonment) after finding an offender guilty.
No traffic officer, no matter how highly placed, has that power. So, when the local metro issues and sends me a notice to the effect that on a certain day and time it is alleged that I committed xyz offence by exceeding the speed limit [See section 59(4) of the National Road Traffic Act 93 of 1996], then no matter how much the metro or its “deployed cadre bosses” want to usurp a Court of Law’s powers, it cannot do so. [Section 89 of the same Act clearly provides for a person to be “found guilty of an offence” in terms of the act and goes further to say that a person found guilty of an offence in terms of the Act, may be fined or imprisoned, the period of such imprisonment being limited, depending on what offence is committed.]
And, if one is accused of a crime, one has a right, enshrined in our Constitution, to a fair trial [Section 35(3) of The Constitution of the Republic of South Africa, 1996].
Which, if I am correct, implies that the authorities have a DUTY to ensure that an accused person is actually given a trial [and not just “fined”] and that such authorities must either bring the matter before a Court of law or withdraw the notice.
So, when an ANC Councillor by the name of Nomvuzo Shabalala, is quoted in our local municipal propaganda broadsheet* as saying: “If you have fine, you need to pay it or you will be arrested”, then one must take that with a pinch of salt and treat the statement with circumspection. If the metro has simply issued a notice of an alleged offence, you are entitled to ignore it until they issue a notice for you to appear in Court. If they do nothing, and you are not found guilty by a Court of Law, you have every right to ignore the notice and you cannot be “arrested” for such a notice. Such arrest will be unlawful. You may only be arrested once a warrant of arrest has been issued by a Court of Law [unless you are suspected of committing a very serious offence. Exceeding the speed limit by a relatively small amount is not a serious offence for which one can be arrested without a warrant, unless off course you are driving so fast that what you are doing is reasonably considered as dangerous driving.]
I have now been trying to get our local metro for the past three years to actually issue notices to appear in court on various alleged traffic offences but it has still failed to do so.
Regards,
Sieg
*called the “metro ezasegagasini”
Quote:
“In the Durban [High] Court the lunch adjournment is designed to enable the judges to walk to the Durban Club and back for lunch, something none of them have done for years.”
Judge Malcolm Wallis in his eighth Victoria and Griffiths Mxenge Memorial Lecture, as quoted in the Sunday Tribune of 25th April 2010
Saturday, April 24, 2010
The persons
A Conveyancer’s Diary: Friday 23rd April 2010
The persons
One of the tricks in preparing conveyancing documents, is to know when to use the first (I, We) or the third (she, they) person.
The Power of Attorney is in the first person because the mentioned person is making a statement: “I hereby authorize Jane Salt to appear before the Registrar and to declare that I sold the property”. So, if Jane needed to be “assisted” by her husband in the Power of Attorney, then this would also be set out in the first person: “I, Mary Smith, duly assisted by my husband. . . “ etc.
The Deed of Transfer however, is different: it records the story and is in the third person: “It is made known that Jane Salt appeared before the Registrar of Deeds, she being authorized by a Power of Attorney granted to her by Mary Smith at Johannesburg on 23rd April 2010” and it then goes on to describe the sale, the reason for the transfer, the property description, and so on.
Sometimes the preparer of the documents forgets this little subtle difference.
Regards,
Sieg
Quote:
“ Always and never are two words you should always remember never to use. ”
Wendell Johnson
The persons
One of the tricks in preparing conveyancing documents, is to know when to use the first (I, We) or the third (she, they) person.
The Power of Attorney is in the first person because the mentioned person is making a statement: “I hereby authorize Jane Salt to appear before the Registrar and to declare that I sold the property”. So, if Jane needed to be “assisted” by her husband in the Power of Attorney, then this would also be set out in the first person: “I, Mary Smith, duly assisted by my husband. . . “ etc.
The Deed of Transfer however, is different: it records the story and is in the third person: “It is made known that Jane Salt appeared before the Registrar of Deeds, she being authorized by a Power of Attorney granted to her by Mary Smith at Johannesburg on 23rd April 2010” and it then goes on to describe the sale, the reason for the transfer, the property description, and so on.
Sometimes the preparer of the documents forgets this little subtle difference.
Regards,
Sieg
Quote:
“ Always and never are two words you should always remember never to use. ”
Wendell Johnson
Thursday, April 22, 2010
[Sometimes] its (all) in the font
A Conveyancer’s Diary: Thursday 22nd April 2010
[Sometimes] its (all) in the font
One of the most frustrating events that a conveyancer faces, is when the documents are “rejected” by the Deeds Office, for whatever reason. In a quest to achieve “zero reject” status, I am overly cautious in checking the documents once my assistant has prepared these (and she checks the documents as well). So, for example, the owner’s details are checked against the current title deed, against the Deed Search printout and against their identity documents (to see, for example, if the owner’s identity number has changed, or whether the marital status is different to that as indicated on the title deed.) This is the one time in the process when I actually “slow down”, so that the process can be “speeded up” by not having any rejections later. A rejection in the deeds office costs about 8 days as the error must be corrected and the documents re-lodged, to go through the whole examination process in the deeds office a second time.
A day or so ago I checked some transfer documents which my assistant had prepared and as usual, the draft Deed of Transfer had my little “tick” marks next to the vital information. The draft deed was forwarded to the bond attorneys who are registering the bond for the bank. My assistant had a call today from the conveyancing paralegal at the bond attorneys who told her that we had spelled the name of the building incorrectly in the draft deed. To give a clearer picture of the problem, let’s say the building is called “Dailmont Mansions”. Ostensibly we had spelled it as “Dallmont Mansions”. So, we had an “l” where there should be an “ i “. My assistant checked our printed out draft and also checked the document on the computer. No, we had it correctly spelled as “Dailmont”.
Our only guess was that in faxing the draft deed to the bond attorneys, the quality of the font dissipated and the “ i “ became elongated to show up as an “l”.
The conveyancing software uses the Arial font. I prefer, thanks to Judi, the Georgia font.
So, sometimes the apparent error is (possibly) in the font.
Regards,
Sieg
Quote:
“My own personal experiences as a layperson and a student of law have given me a profound insight and immense appreciation for those unsung heroes of the legal profession who provide so freely and unhesitatingly of their time, knowledge and expertise without as much as a thought of consideration for payment thereof”
Vincent StLaurant Phillips in a letter published in the De Rebus, May 2010 [I received the online version of next month’s De Rebus today].
Monday, April 19, 2010
A Conveyancer’s Diary: Monday 19th April 2010
________________________________________
The case of Mr. T and his huge water consumption
Mr. T owns a unit in a sectional title complex which, so I have heard, is quite notorious for the many problems that this complex has.
Mr. T has sold his unit and as part of the normal conveyancing routine, my offices requested the eThekwini Municipality to provide a Rates Statement [which the eThekwini Municipality calls an “Attorney’s Report”, a rather misleading appellation.]
We then duly received this report and it showed, next to the item “water”, that there was an amount of R12,200.00 owing by Mr. T. So, Mr. T or the occupants of his 54 square meter unit are alleged to have consumed some Twelve thousand Rands worth of water. They must have filled and emptied the entire unit a few times!
My assistant alerted Mr. T to this and gave him a copy of the “Attorney’s Report”. He, so I understand, took this to the good people of the eThekwini Municipality located at the Florence Mkhize building there in the heart of Durban. He came back to us with an amended “Attorney’s Report”, on which this amount for water was now totally omitted.
I can but only guess that the Body Corporate of this complex is in arrears with its water account and our wise and wonderful eThekwini Municipality decided to lump the entire bill onto the poor shoulders of Mr. T.
Regards,
Sieg
________________________________________
Quote:
“Creditors have better memories than debtors”
Benjamin Franklin
[In the movie, “Slumdog Millionaire”, Jamal is asked the question: “Whose face appears on the US $100 dollar note?” See http://en.wikipedia.org/wiki/United_States_one_hundred-dollar_bill]
________________________________________
The case of Mr. T and his huge water consumption
Mr. T owns a unit in a sectional title complex which, so I have heard, is quite notorious for the many problems that this complex has.
Mr. T has sold his unit and as part of the normal conveyancing routine, my offices requested the eThekwini Municipality to provide a Rates Statement [which the eThekwini Municipality calls an “Attorney’s Report”, a rather misleading appellation.]
We then duly received this report and it showed, next to the item “water”, that there was an amount of R12,200.00 owing by Mr. T. So, Mr. T or the occupants of his 54 square meter unit are alleged to have consumed some Twelve thousand Rands worth of water. They must have filled and emptied the entire unit a few times!
My assistant alerted Mr. T to this and gave him a copy of the “Attorney’s Report”. He, so I understand, took this to the good people of the eThekwini Municipality located at the Florence Mkhize building there in the heart of Durban. He came back to us with an amended “Attorney’s Report”, on which this amount for water was now totally omitted.
I can but only guess that the Body Corporate of this complex is in arrears with its water account and our wise and wonderful eThekwini Municipality decided to lump the entire bill onto the poor shoulders of Mr. T.
Regards,
Sieg
________________________________________
Quote:
“Creditors have better memories than debtors”
Benjamin Franklin
[In the movie, “Slumdog Millionaire”, Jamal is asked the question: “Whose face appears on the US $100 dollar note?” See http://en.wikipedia.org/wiki/United_States_one_hundred-dollar_bill]
Thursday, April 15, 2010
A little note and Apollo 13
A Conveyancer’s Diary: Wednesday 14th April 2010
________________________________________
A little note on Transfer Duty [and a quote from Apollo 13]
When a property is transferred, the implications of the Transfer Duty Act [which has been around since 1949] must be considered. The conveyancer needs to ask: “Is transfer duty payable or is the transaction possibly exempt from transfer duty?” Section 9 of this Act, sets out when a transaction involving property would be exempt. So, for example, if the transaction is vatable (whether vat is actually payable or not), then it is exempt from transfer duty.
Now, consider the following scenario: Mrs A and Mr A are married out of community of property and they get divorced. The house is registered in Mr. A’s name. In the settlement agreement, he agrees to transfer the house in full to Mrs. A. Is there transfer duty payable on this transaction?
Fortunately, the Transfer Duty act was amended in 2006 and now provides that in this case, the transaction would be exempt from transfer duty. Note that the divorced spouse must acquire the “sole ownership” of the property.
Regards,
Sieg
Quote:
“Ok, Houston, we’ve had a problem here.”
Fred [“Frodo”] Haise, today, exactly forty years ago, [14th April 1970] during the mission [moon bound] of Apollo 13. Apollo 13 was supposed to have been the third mission to land men on the moon. Haise and Jim Lovell would have been numbers 5 & 6 to walk on the moon.
________________________________________
A little note on Transfer Duty [and a quote from Apollo 13]
When a property is transferred, the implications of the Transfer Duty Act [which has been around since 1949] must be considered. The conveyancer needs to ask: “Is transfer duty payable or is the transaction possibly exempt from transfer duty?” Section 9 of this Act, sets out when a transaction involving property would be exempt. So, for example, if the transaction is vatable (whether vat is actually payable or not), then it is exempt from transfer duty.
Now, consider the following scenario: Mrs A and Mr A are married out of community of property and they get divorced. The house is registered in Mr. A’s name. In the settlement agreement, he agrees to transfer the house in full to Mrs. A. Is there transfer duty payable on this transaction?
Fortunately, the Transfer Duty act was amended in 2006 and now provides that in this case, the transaction would be exempt from transfer duty. Note that the divorced spouse must acquire the “sole ownership” of the property.
Regards,
Sieg
Quote:
“Ok, Houston, we’ve had a problem here.”
Fred [“Frodo”] Haise, today, exactly forty years ago, [14th April 1970] during the mission [moon bound] of Apollo 13. Apollo 13 was supposed to have been the third mission to land men on the moon. Haise and Jim Lovell would have been numbers 5 & 6 to walk on the moon.
Thursday, April 1, 2010
A Conveyancer’s Diary: Thursday 01st April 2010
April Fools day
Today is commonly known as “April fool’s day” and we can expect some “prankster” reports in the media.
So, on a lighter note, I can do no better than to refer you to the Wikipedia entry on April Fool’s day. See the items on pranks further on in the article. http://en.wikipedia.org/wiki/April_Fools%27_Day
I wish you a blessed Easter holiday. For those of you who will be on the road over the weekend: do take care!
Regards,
Sieg
________________________________________
Quote:
“ I am satisfied that the suicide note was intended by the deceased to be an amendment of his will as contemplated by s 2(3) of the Wills Act.”
Per Seriti, AJA (Acting Judge of Appeal) in the decision of Smith v Parsons NO and Others (187/09) [2010], handed down by the Appeal court on 30th March 2010 and which overturned an earlier decision of the Durban High Court. See http://www.saflii.org/za/cases/ZASCA/2010/39.html [My underlining]
Today is commonly known as “April fool’s day” and we can expect some “prankster” reports in the media.
So, on a lighter note, I can do no better than to refer you to the Wikipedia entry on April Fool’s day. See the items on pranks further on in the article. http://en.wikipedia.org/wiki/April_Fools%27_Day
I wish you a blessed Easter holiday. For those of you who will be on the road over the weekend: do take care!
Regards,
Sieg
________________________________________
Quote:
“ I am satisfied that the suicide note was intended by the deceased to be an amendment of his will as contemplated by s 2(3) of the Wills Act.”
Per Seriti, AJA (Acting Judge of Appeal) in the decision of Smith v Parsons NO and Others (187/09) [2010], handed down by the Appeal court on 30th March 2010 and which overturned an earlier decision of the Durban High Court. See http://www.saflii.org/za/cases/ZASCA/2010/39.html [My underlining]
Wednesday, March 31, 2010
paying up front
A Conveyancer’s Diary: Wednesday 31st March 2010
Paying up front
We see on television and read in newspapers and online that many people in various towns and cities are fed-up with the lack of service delivery by local authorities. Some resort to violence, barricades and stones. Others protest in more subtle form, like withholding payment of rates and paying the funds into trust accounts. We hear, see and read of large municipalities like Pietermaritzburg being insolvent (i.e. unable to pay its debts.) And we hope that it will not come to this in our little part of the world.
But sadly, the cracks [or are they already dongas?] are appearing here in the eThekwini Municipality.
But all of that is just by the way.
Back to our eThekwini Municipality: I received an e mail two days ago on the 29th March 2010.
To that was attached a letter. The letter was dated 11th March 2010. So it took more than two weeks to e mail that letter out.
The letter tells us that we must now pay upfront for the “Rates Clearance Certificate application fees” as from 01st May 2010 and that e mailed applications will no longer be accepted. It sets out the fee structure for the applications and goes on to state that this does not apply to electronic applications (where the fees will be raised automatically).
The reason for all of this is given in the beginning of the letter: “eThekwini Municipality is experiencing a considerable loss of revenue due to the non-receipting of R C C application fees”.
[I wonder how much other revenue is being lost due to non-collection by this municipality, such as the non-payment by hostel residents and many sectional title buildings that are in arrears?]
The letter also says that in case of any queries, we can call one Devan on a certain given number. I called that number. This was not Devan’s number but the person who answered said all Devan’s calls were routed to her. She gave me another number to call. I did so and was informed, yes, this was Devan’s number but he was on leave. [Was the e mail sent out to coincide with Devan’s leave?]
And none of them stopped to think how this would all impact on the property industry and those involved in the conveyancing process. Yes, we will need to do additional work. Yes, we will have to be the financiers of our Sellers and Purchasers. Yes, it will cause further delays in the property transfer process. And yes, we will not get paid any extra for doing the additional work.
Regards,
Sieg
Quote:
“ For this nation to be confident about the future, it must be confident about where it comes from. These songs must be sung for many generations to come so many of these generations know exactly where we come from.. .. ”
ANC Secretary General Gwede Mantashe in a speech on 30th March 2010. He was talking about the decision of the Johannesburg High Court to ban the singing of struggle songs with the words "dubula ibhunu" (shoot the Boer). [My underlining]
Siegie Heiriss: S K Heiriss Inc
Attorney, Conveyancer & Notary
Tel: 031 701 1238
Fax: 031 701 1239 or 031 709 0972
Fax to e mail: 0866 178 041
Cell: 083 786 26 26
SMS: 083 701 05 03
Personal e mail: sieg@legalfirm.co.za
Web: www.legalfirm.co.za
Skype: Legalmansa
Physical address :
Ground Floor, Unit 5
Pinewood Park
Pinetown
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