Annual Survey of South African Law - Volume 2010, Issue 1, 2010
Volume 2010, Issue 1, 2010
Source: Annual Survey of South African Law 2010, pp 775 –855 (2010)More Less
Proposed far-reaching amendments by the Minister of Labour to the Labour Relations Act 66 of 1995 ('LRA'), the Basic Conditions of Employment Act 75 of 1997 ('BCEA'), the Employment Equity Act 55 of 1998 ('EEA'), and an Employment Services Bill, 2010, were published for information and comment (see the Labour Relations Amendment Bill, 2010, the Basic Conditions of Employment Amendment Bill, 2010, the Employment Equity Amendment Bill, 2010 and the Employment Services Bill, 2010, all published in General Notice 1112 of 2010 GG 33873 of 17 December 2010).
Source: Annual Survey of South African Law 2010, pp 856 –953 (2010)More Less
Makhuvela v Road Accident Fund 2010 (1) SA 29 (GSJ) relates to a dependant's action in which the plaintiff, in his capacity as legal guardian of his grandson, claimed damages for loss of support suffered as a result of the death of the child's father in a motor vehicle collision.
Author Pamela-Jane SchwikkardSource: Annual Survey of South African Law 2010, pp 954 –980 (2010)More Less
No relevant legislation was promulgated during the period under review. However, the South African Law Reform Commission published an issue paper (Issue Paper: Review of the Law of Evidence: Electronic Evidence in Criminal and Civil Proceedings: Admissibility and Related Issues (2010)) 'to elicit comment and suggestions from relevant stakeholders and to disseminate information on the issue of the use of electronic evidence in criminal and civil proceedings to the wider public'. It is available at http://www.doj.gov.za/salrc/index.htm.
Author Philip StoopSource: Annual Survey of South African Law 2010, pp 981 –987 (2010)More Less
The Consumer Protection Act 68 of 2008 was due to become fully operational on 24 October 2010 (s 122 read with item 2(2) of sch 2). In terms of item 2(3)(a) of Schedule 2 to the Act, the Minister postponed the implementation date to 31 March 2011 (GenN 917 GG 33581 of 23 September 2010). Draft Consumer Protection Regulations were published for comment in 2010 (GenN 1099 GG 33818 of 29 November 2010). The regulations under the Act, entitled 'Consumer Protection Act, 2008 Regulations' were published in 2011 (GN R293 GG 34180 of 1 April 2011). (For a discussion of the Act, see 2009 Annual Survey 860-2.)
Source: Annual Survey of South African Law 2010, pp 1001 –1101 (2010)More Less
In terms of section 9(9) of the Deeds Registries Act 47 of 1937 ('the Act'), the Minister of Rural Development and Land Reform approved new regulations made by the Deeds Registries Regulations Board in terms of section 10 of the Act (GN R292 GG 33111 of 16 April 2010). The new regulations commenced in May 2010. Various existing regulations were substituted (regs 16, 18, 29 and 74 dealing with registers, the incorrect reflection of a date of birth, the reflection of land in both words and figures, and plans annexed in relation to leases or licences tendered for registration, respectively). Regulations 34, 35, 39, 47, 49, 50, 52, 61, 65, 68 and 73 were amended, and regulations 38, 48, 72 and 75 were all deleted. The following forms were also substituted: D (certificate of registered state title), W (consent for substitution of debtor), PP (certificate of registered real rights: township or settlement), QQ (certificate of registered real rights: land transferred), RR (deed of cession), EEE (certificate of registered real rights: remainder of a township or settlement) and FFF (certificate of registered real rights in respect of rights reserved before the commencement of the Act).
Author M.J. De WaalSource: Annual Survey of South African Law 2010, pp 1170 –1202 (2010)More Less
The Reform of Customary Law of Succession and Regulation of Related Matters Bill of 2008 was discussed in 2008 Annual Survey 1084-5. As explained there, the main object of the Bill was to bring the customary law of succession into line with the decision of the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC). This Bill became the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 ('the Act'). The Act was assented to on 19 April 2009, without a date of commencement being proclaimed (2009 Annual Survey 1038). The date of commencement of the Act has since been proclaimed as 20 September 2010 (Proc R54 GG 33576 of 17 September 2010).
Source: Annual Survey of South African Law 2010, pp 1203 –1239 (2010)More Less
In implementation of the 2010 Mining Summit, which was held in March 2010, and of a Stakeholders' Declaration on Strategy for the Sustainable Growth and Meaningful Transformation of South Africa's Mining Industry, which was signed in June 2010, the Minister of Mineral Resources published an amendment of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry in terms of section 100(2)(a) of the Mineral and Petroleum Resources Development Act 28 of 2002 ('MPRDA'). The amendment is effective as of 13 September 2010 (GN 838 GG 33573 of 20 September 2010). Although the ownership requirement of 26 per cent participation by historically disadvantaged South Africans ('HDSAs') by 2014 has been retained, details and the quantification of, and target dates for, other requirements have been improved. These improvements include the setting of percentages for procurement from empowerment entities by 2014; percentages for contributions to a social development fund from 2010; a maximum set-off of eleven per cent of the value of local beneficiation against ownership requirements by HDSAs; the setting of percentages of participation by HDSAs over all management levels by 2014; the setting of percentages (ranging from three per cent for 2010 to five per cent for 2014) of annual payroll to be invested in skills development; devising home ownership options for all mine employees by 2014; and improvement of environmental management, health and safety performance, and research and development. Paragraph 3 of the amendment states that noncompliance with the provisions of the Charter will render the mining company in breach of the MPRDA and subject to the provisions of section 47 (Minister's power to suspend or cancel rights, permits or permissions) read with sections 98 and 99 (offences and penalties) of the MPRDA.
Miscellaneous contracts (agency, carriage, deposit, donation, loan, partnership, service, and surety)Source: Annual Survey of South African Law 2010, pp 1240 –1260 (2010)More Less
In 2010 there were a relatively large number of cases involving credit agreements and matters relating to the National Credit Act 34 of 2005 ('NCA') (in addition to the cases discussed below, see Munien v BMW Financial Service (SA) (Pty) Ltd 2010 (1) SA 549 (KZD) and Standard Bank of South Africa v Rockhill and Another 2010 (5) SA 252 (GSJ).) The increased activity in this area of law may reflect the difficult credit environment pursuant to the global 'credit crisis' of 2009 and its effect on consumers.
Author Muthundinne SigwadiSource: Annual Survey of South African Law 2010, pp 1261 –1268 (2010)More Less
The Registrar of Pension Funds issued Government Notice 397 (GG 33182 of 12 May 2010) prescribing how the interest rate payable under section 13A(7) of the Pension Funds Act 24 of 1956 ('the Pension Funds Act') must be calculated. Section 13A(7) regulates the rate of interest payable on late pension contributions.
The Registrar of Pension Funds issued Board Notice 68 of 2010 (GG 33182 of 12 May 2010) to amend Board Notice 58 of 2007. Board Notice 58 of 2007 categorized and prescribed financial statements applicable to the different categories of funds.
Source: Annual Survey of South African Law 2010, pp 1350 –1399 (2010)More Less
This is a summary of some of the income tax amendments introduced by the Taxation Laws Amendment Act 7 of 2010, promulgated on 2 November 2010 (GG 33726), and the Voluntary Disclosure Programme and Taxation Laws Second Amendment Act 8 of 2010, promulgated on 2 November 2010 (GG 33731). No Revenue Laws Amendment Acts were promulgated during the year. The summary does not purport to deal with all the amendments in detail.
Author Helen ScottSource: Annual Survey of South African Law 2010, pp 1400 –1409 (2010)More Less
In Leeuw v First National Bank 2010 (3) SA 410 (SCA), the plaintiff bank sued its customer (defendant) in the magistrate's court for recovery of R48 000 that had been withdrawn from the defendant's account after a cheque had been deposited into that account and before it was discovered that the signature on the cheque had been forged. The claim was formulated as a condictio indebiti - an enrichment claim arising from an undue transfer. The defendant argued, in response, that the plaintiff was estopped from relying on the forgery because the clerk employed by the plaintiff at the inquiries desk of the branch at which the defendant banked had represented to him that 'the cheque was good'. The defendant instituted a counterclaim for R89 000. This amount represented the value of a cheque deposited by him into the same account. The plaintiff had refused to credit the defendant with that amount because it had discovered that the signatures on that cheque had also been forged. The magistrate dismissed the plaintiff's claim and granted the counterclaim, whereupon the plaintiff successfully appealed to the Bloemfontein High Court. The latter court upheld the plaintiff's claim and granted absolution from the instance in respect of the counterclaim. The defendant appealed to the Supreme Court of Appeal, which dismissed the appeal. Snyders JA delivered the judgment; Streicher, Heher, Malan JJA and Leach AJA concurred.