Annual Survey of South African Law - Volume 2007, Issue 1, 2007
Volume 2007, Issue 1, 2007
Source: Annual Survey of South African Law 2007, pp 767 –843 (2007)More Less
Mediterranean Shipping Co (Pty) Ltd v Tebe Trading (Pty) Ltd  2 All SA 489 (SCA) concerned two containers of litchis shipped on board a carrier at Durban destined for the Middle East. The respondent was the shipper and exporter of perishable fruit while the appellant was the agent of the carrier who issued the bills of lading. On arrival at the ports of discharge, the litchis were found to have deteriorated as a result of a delay in the completion of the voyage. The respondent sued the appellant in delict. The claim was based upon the alleged negligent failure of the appellant to advise the respondent of a delay in the commencement of the voyage and a change in the proposed route of the carrier to the ports of discharge. The trial court found for the appellant but this decision was reversed on appeal to the full bench. The appellant then appealed to the Supreme Court of Appeal.
Author J.T. PretoriusSource: Annual Survey of South African Law 2007, pp 876 –884 (2007)More Less
The decision in Melamed Finance (Pty) Ltd v VOC Investments Ltd  SCA 75 (RSA) (SCA 31 May 2006 (case 364/05) unreported) is very important. The facts are fairly straightforward : On 13 November 2000, VOC Investment's computer system generated four cheques in favour of a payee, Damelin Textiles. All the cheques were drawn on the Standard Bank of South Africa Ltd and bore that date. The cheques were intended to be post-dated, but the computer system used for printing the cheques was not able to print post-dated cheques. So the date on each cheque was altered in manuscript to reflect the intended date of payment. The alterations were signed by the same two signatories who were authorized to draw the cheques on behalf of VOC Investment. After the dates were changed, the payee negotiated three of the cheques to Melamed Finance.
Author Jacqueline HeatonSource: Annual Survey of South African Law 2007, pp 885 –960 (2007)More Less
The Children's Act 38 of 2005 is one of the most important and far-reaching pieces of legislation in the area of the law of persons and family law in recent South African history. It radically changes aspects of the law of parent and child and extends the rights and protection that children enjoy. It also codifies aspects of the law of parent and child.
Source: Annual Survey of South African Law 2007, pp 961 –1038 (2007)More Less
The Minister of Land Affairs amended the definition of the deeds registry of Pretoria under section 1(1)(a)(iii) of the Deeds Registries Act 47 of 1937 by excluding the province of Mpumalanga from its jurisdictional area (GN 861 in GG 30288 of 28 September 2007). A new deeds registry was accordingly instituted in Nelspruit for the Mpumalanga province (GN 862 in GG 30288 of 28 September 2007).
Source: Annual Survey of South African Law 2007, pp 1039 –1054 (2007)More Less
De Villiers v Potgieter & others NNO 2007 (2) SA 311 (SCA) and Bowring NO v Vrededorp Properties CC & another 2007 (5) SA 391 (SCA), which considered the doctrine of notice in the context of agreements of sale, are discussed in the chapter on the Law of Property. For a discussion of Dream Supreme Properties 11 CC v Nedcor Bank Ltd & others 2007 (4) 380 (SCA), see the under 'Sales in Execution' below.
Author M.J. De WaalSource: Annual Survey of South African Law 2007, pp 1055 –1077 (2007)More Less
Certain sections of the Children's Act 38 of 2005 came into operation on 1 July 2007 (Proc 13 GG 30030 of 29 June 2007) One of them is section 17, which lowers the age of majority from 21 to eighteen years. This amendment will have an effect on both section 1(6) of the Intestate Succession Act 81 of 1987 and section 2C(1) of the Wills Act 7 of 1953. These sections deal with the legal effect of the repudiation of benefits by minors under the circumstances set out there.
Author Peter SurteesSource: Annual Survey of South African Law 2007, pp 1078 –1116 (2007)More Less
This is a summary of some of the income tax amendments introduced by the Revenue Laws Amendment Act 35 of 2007, promulgated on 8 January 2008 (GG 30656), the Revenue Laws Second Amendment Act 36 of 2007, promulgated on 8 January 2008 (GG 30657), and the Taxation Laws Amendment Act 8 of 2007, promulgated on 8 August 2007 (GG 30157). The summary does not purport to deal with all the amendments in detail.
Author Michael O. DaleSource: Annual Survey of South African Law 2007, pp 1117 –1141 (2007)More Less
In terms of the section 47 of the Revenue Laws Amendment Act 35 of 2007, section 37A of the Income Tax Act 58 of 1962 was amended by substituting section 37A(7). The effect of the amended section 37A(7) is to clarify that if any rehabilitation company or trust contravenes the provisions of section 37A(1)(b) by distributing property from that company or trust for a purpose other than rehabilitation purposes provided for in section 37A, an amount equal to the market value of the property so distributed must be deemed to be taxable income which accrued to such company or trust during the year of assessment in which such distribution occurred. Such a company or trust will thus lose the tax deduction offered to rehabilitation companies or trusts and will be taxed in the normal course (see the discussion in A de Koker Silke on South African Income Tax (1995) 6-18 - 3-4).
Miscellaneous contracts (agency, carriage, deposit, donation, loan, partnership, service, and suretyship)Source: Annual Survey of South African Law 2007, pp 1142 –1163 (2007)More Less
In Mano et Mano Ltd v Nationwide Airlines (Pty) Ltd & others 2007 (2) SA 512 (SCA) the court had to address an issue that quite a number of authorities have considered and on which there is no dearth of authority. But what makes the decision important is its consideration of when an intervening factor is 'weighty' enough to deprive an agent of a claim to commission. The issue has previously been considered with regard to the sale of immovable property. Previous authorities have not, however, dealt with unique res such as an aircraft, which was the bone of contention in Mano.
Author Neville BothaSource: Annual Survey of South African Law 2007, pp 1164 –1182 (2007)More Less
As has become customary since 1994, South Africa was firmly on the treaty trail during 2007 with some 75 treaties being concluded (for a full list, see M Jacobs 'Treaties' (2007) 32 SAYIL 539-43). The growing importance of South Africa's links with the Peoples' Republic of China is clearly evident with no less than eleven of these agreements having been signed between the two countries. These include, most notably, the Agreement on Economic and Technical Co-operation between the Republic of South Africa and the Peoples Republic of China, signed and entered into force on 6 February 2007, and the Protocol to the agreement signed on the same day.
Source: Annual Survey of South African Law 2007, pp 1183 –1186 (2007)More Less
In St Helena Primary School v MEC, Department of Education, Free State Province 2007 (4) SA 16 (O), the facts were as follows : the first and second plaintiffs were a public school and its governing body, respectively (collectively, 'the school'). The first defendant was the member of the Provincial Government responsible for all educational matters in the Free State, while the second defendant was joined as the head of the Free State Provincial Government (collectively, 'the Department'). The school occupied premises owned by the Department by virtue of a licence (precario). Those premises were damaged by fire and repaired by the school. A claim for roughly two thirds of the cost of the repairs was successfully lodged with an insurance company, MF. The balance of the costs of repair was financed from other sources. MF then sought to recover the amount paid out from the Department on the basis of unjustified enrichment, relying on the doctrine of subrogation. An alternative plea of negotiorum gestio was abandoned.