A news item in 1996 DR 546 noted that attorneys are liable to their creditors for losses resulting from the liquidation of a bank with whom trust moneys have been deposited. This is a significant risk area and it stands to reason that practitioners should assess the level of risk when deposits are made. A relatively new development in South Africa is credit rating by independent agencies. IBCA. the third-largest ratings agency in the world, entered the South African market in 1990. An article was published in the Sunday Times Business Times 27-4-1997, and with permission I have reproduced below the ratings system (Table 1) and the grading of South African banking institutions (Table 2). These ratings are updated at least once a year.
Section 26 of the Sectional Titles Act 95 of 1986 empowers a body corporate of a sectional title scheme, if authorised thereto in writing by all its members, to purchase land to extend the common property for the purpose of providing amenities and facilities to its members. It is evident from the wording of this section, read in conjunction with RCR 47 of 1990, that the additional land may not be used for the erection of an additional building proposed to be divided into sections, but only for providing amenities and facilities such as additional parking, swimming pools or playgrounds, etc.
The applicant in Unicorn Lines (Pty) Ltd v Commissioner of Customs and Excise and Another 1997 (1) SA 369 (D) had its case dismissed on a point in limine, that it lacked locus standi for the declaratory relief it was seeking. The case concerned the interpretation of the Customs and Excise Act 91 of 1964 (the Act), an area which may be of little practical importance to many readers. However, I submit that the case was wrongly decided, and for that reason is noteworthy. Before dealing with the judgment, however, some background to the relevant provisions of the Act may be helpful.
In this article the following topics are discussed: ï¿½ Observations regarding the Second Draft White Paper. ï¿½ The legal principles governing the assessment of future medical expenses where the expenses are to be incurred some time after the date of assessment. ï¿½ The apportionment of damages due to the failure to wear a seat belt. ï¿½ A comparative table reflecting provisions of the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 and the 'new' Road Accidents Fund Act 56 of 1996 and regulations promulgated in terms of these Acts.
Although the cut-off date for amnesty applications has passed, applications lodged timeously are still being considered by the Truth and Reconciliation Commission's amnesty committee. In this article George Barrie discusses the relevant provisions of the Promotion of National Unity and Reconciliation Act 34 of 1995.