Annual Survey of South African Law - Volume 2008, Issue 1, 2008
Volume 2008, Issue 1, 2008
Source: Annual Survey of South African Law 2008, pp 808 –854 (2008)More Less
Liability for damage caused by defective products is restricted to the fault-based Aquilian action until the commencement of the Consumer Protection Act 68 of 2008 on 24 October 2010. The Act introduces radical and comprehensive law reform: among others, the manufacturer, importer, distributor, or retailer of goods is liable for damage caused by unsafe or defective goods, irrespective of the presence or absence of negligence (s 61(1)) .
Author Philip StoopSource: Annual Survey of South African Law 2008, pp 891 –907 (2008)More Less
On 8 May 2008, the Rental Housing Act 50 of 1999 was amended by the Rental Housing Amendment Act 43 of 2007 (Gen N 539 GG31051 of 13 May 2008). In terms of section 5(7), the MEC had to establish a Rental Housing Tribunal in each province. One of the aims of these amendments is to expand the power and jurisdiction of these tribunals (see the Memorandum on the Objects of the Rental Housing Amendment Bill 2007 in GG 30022 of 6 July 2007).
Source: Annual Survey of South African Law 2008, pp 965 –1057 (2008)More Less
Two main developments took place in relation to deeds and registries during 2008 - the publication of amendments to the Deeds Registries Act 47 of 1937, and the publication of a new schedule of fees. The Deeds Registries Amendment Bill was published for comment on 14 March 2008 (Gen N 360 GG 30871 of 14 March 2008). Essentially, the amendments are consequential to legislation that commenced previously, in this way necessitating these changes.
Author D.J. LotzSource: Annual Survey of South African Law 2008, pp 1058 –1083 (2008)More Less
Compliance with section 2(1) of the Alienation of Land Act 68 of 1981 was an issue before the court in Fraser &38; another v Viljoen 2008 (4) SA 106 (SCA). The relevant deed of alienation was an uncompleted standard printed form offer, sent by post to the seller. On returning the signed and dated document to the purchasers, their names and signatures, and the description of the property had been left blank. After receipt, the purchasers filled in their names and the property description, signed the offer, but failed to record the date of their signatures. The seller then refused to effect transfer, which forced the purchasers to seek a declaratory order as to the validity of the deed of alienation.
Author M.J. De WaalSource: Annual Survey of South African Law 2008, pp 1084 –1113 (2008)More Less
Author Michael O. DaleSource: Annual Survey of South African Law 2008, pp 1114 –1152 (2008)More Less
The possibility of the establishment of state mines as a less invasive alternative to the nationalization of mines (which, in terms of section 25 of the Constitution of the Republic of South Africa, 1996, would constitute an expropriation necessitating payment of compensation) was mooted at the mining summit convened by the Minister of Minerals and Energy in September 2008.
Miscellaneous contracts (Agency, carriage, deposit,donation, loan, partnership, service, and suretyship)Source: Annual Survey of South African Law 2008, pp 1153 –1174 (2008)More Less
Whether the contravention of section 26 of the Estate Agency Affairs Act 112 of 1976 disentitled an estate agent from claiming commission from a client was previously considered by the Transvaal Provincial Division in Noragent (Edms) Bpk v De Wet 1985 (1) SA 267 (T). Section 26 prohibited any person from performing any act as an estate agent without a fidelity certificate. The court held in Noragent that the section did not have the effect of invalidating the contract of mandate of an estate agent who acted in contravention of its terms, and that he or she was entitled to enforce a contractual claim for commission.
Author S.S. TerblancheSource: Annual Survey of South African Law 2008, pp 1191 –1211 (2008)More Less
A number of legislative amendments during 2008 concerned sentencing. Two of them are likely to have a considerable effect on sentencing, but did not come into operation during 2008. The Correctional Services Amendment Act 25 of 2008 will have a considerable impact on the execution of sentences, and the Child Justice Act 75 of 2008 is intended to change completely the sentencing of child offenders.
Author Peter SurteesSource: Annual Survey of South African Law 2008, pp 1212 –1248 (2008)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), the Taxation Laws Amendment Act 3 of 2008, promulgated on 22 July 2008 GG 31267), and the Taxation Laws Second Amendment Act 4 of 2008, promulgated on 3 July 2008 (GG 31208). The summary does not purport to deal with all the amendments in detail.