As we approach the end of the century, society at large is looking back and taking stock of the journey we have travelled. The legal profession, I believe, is no exception. It has become fairly unexceptional to encounter in these pages practitioners in various exalted positions. Our Minister of Justice is one. Black judges are ascending to the bench in ever-increasing numbers. Leadership positions in the organised profession are occupied by numerous black practitioners.
Sellers and purchasers of fixed property and their attorneys should, before conclusion of a contract, take the provisions of the Value-Added Tax Act 89 of 1991 into account to prevent unpleasant VAT surprises. In this article basic guidelines are given on the VAT treatment of a sale of fixed property and its implications for the seller and purchaser. * Where VAT is payable, whether at the standard rate or the zero rate, transfer duty is in terms of s 9(15) of the Transfer Duty Act 40 of 1949 (TDA) not payable.
As is the case in a number of other jurisdictions, the new South African Trade Marks Act 194 of 1993* (the Act), provides for the protection of a registered trade mark against unauthorised use in relation to goods and services similar to those for which it is registered. The provisions contained in s 34(1)(b) of the Act, are intended to replace those relating to defensive registrations in the 1963 Act, now repealed.