Annual Survey of South African Law - Volume 2011, Issue 1, 2011
Volume 2011, Issue 1, 2011
Author Mfariseni BudeliSource: Annual Survey of South African Law 2011, pp 735 –746 (2011)More Less
It is reported that 2 806 656 working days were lost due to industrial actions in South Africa in 2011 (Department of Labour Annual Industrial Action Report (2011). Accordingly, during the year under review, several cases regarding strike actions were decided by the Labour Courts. Although there was no groundbreaking decision, the judgments of the Labour Court, the Labour Appeal Court, and the Constitutional Court contributed to enriching our labour law jurisprudence in 2011.
Source: Annual Survey of South African Law 2011, pp 747 –847 (2011)More Less
Section 3 of the State Liability Act 20 of 1957 provides that no execution, attachment, or like process may be issued against the state or its property for the satisfaction of a judgment debt, but the amount of the debt may be paid out of the National Revenue Fund or a Provincial Revenue Fund. In Nyathi v MEC for Department of Health, Gauteng (2008 (5) SA 94 (CC) 94 at 123), this section was declared unconstitutional to the extent that it does not allow for execution or attachment against the state, and does not provide for an express procedure for the satisfaction of judgment debts. It has been replaced by the State Liability Amendment Act 14 of 2011. It stipulates that a State Attorney must inform the relevant state department of a judgment debt against the department within seven days of the final court order being issued. The department has 30 days in which to settle the debt; this time frame does not apply if an appeal has been lodged against the order. If payment is not made in the stipulated period, the creditor may apply for a writ of execution against movable property owned by the state. However, movable property which is crucial for service delivery, or which, if removed, would threaten life, may not be attached. The attached property may be sold by a sheriff of the court within 30 days of the date of attachment.
Author Philip StoopSource: Annual Survey of South African Law 2011, pp 868 –874 (2011)More Less
The Minister of Human Settlements, in accordance with the rules of the National Assembly, gave notice of his intention to introduce into Parliament the Rental Housing Amendment Bill, 2011 during the 2011 parliamentary session (see General Notice 765 in GG 34703 of 28 October 2011). However, the Bill was not introduced during 2011.
Source: Annual Survey of South African Law 2011 (2011)More Less
In ABSA Bank Ltd v Intensive Air (Pty) Ltd and Others 2011 (2) SA 275 (SCA), the court characterized the relationship between a banker and its client as one of debtor and creditor.
In Peterson and Another NNO v ABSA Bank Ltd 2011 (5) SA 484 (GNP), the court discussed the banker's duties in respect of management of deposited funds.
Both these decisions are discussed in the chapter on Financial Institutions.
Author Jacqueline HeatonSource: Annual Survey of South African Law 2011, pp 876 –889 (2011)More Less
The South African Postbank Limited Act 9 of 2010 came into operation on 22 July 2011 (GN 607 GG 34476 of 22 July 2011). The implications of the Act for the law of persons - specifically the capacity of a minor to deal with deposits and investments in the Postbank - are discussed in last year's Survey.
Source: Annual Survey of South African Law 2011, pp 890 –995 (2011)More Less
Developments in the course of 2011 relate to housing aspects affecting the broad scope of the provision of housing, including housing for the elderly, social housing and rental housing. In this regard measures were announced that relate not only to legislative provisions, but also to governing bodies and overarching bodies established to provide guidance, support or some kind of oversight and monitoring.
The South African Council for Project and Construction Management Professions proposed a Continuing Professional Development Policy for the construction professions (BN 172 GG 33802 of 26 November 2010).
Author D.J. LotzSource: Annual Survey of South African Law 2011, pp 996 –1032 (2011)More Less
The Consumer Protection Act 68 of 2008 ('CPA'; 'the Act') is discussed in detail in the chapter on The General Principles of Contract. The discussion in the present chapter focuses mainly on the influence of the Act on the law of purchase and sale. In this discussion, liberal use has been made of Evert van Eeden's A Guide to the Consumer Protection Act (2009), NJ Melville's The Consumer Protection Act Made Easy (2010), and W Jacobs, P Stoop and R van Niekerk's 'Fundamental consumer rights under the Consumer Protection Act 68 of 2008: A critical overview and analysis' (2010) 13 Potchefstroom Electronic Law Journal 302 (available at http://www.nwu.ac.za).
Author M.J. De WaalSource: Annual Survey of South African Law 2011, pp 1033 –1072 (2011)More Less
No legislation affecting the law of succession was promulgated in the period under review. However, the draft Muslim Marriages Bill was published with an invitation to 'interested parties' to comment on it (Gen N 37 GG 33946 of 21 January 2011). As far as the draft Bill touches on the law of succession, the decisions of the Constitutional Court in Daniels v Campbell NO and Others 2004 (5) SA 331 (CC) and Hassam v Jacobs NO and Others 2009 (5) SA 572 (CC) obviously are the background to the draft legislation (on Hassam, see 2009 Annual Survey at 1040-7). In these cases, it was held that the term 'spouse' in the Intestate Succession Act 81 of 1987 includes the survivor (or survivors) of, respectively, monogamous and polygynous Muslim marriages. The draft Bill proposes the amendment of the Intestate Succession Act to reflect this (cl 17, read with the Schedule of the draft Bill). The draft Bill is mentioned briefly in the chapter on Family Law, too.
Source: Annual Survey of South African Law 2011, pp 1073 –1099 (2011)More Less
There were few legislative developments during 2011 which affected mining law, but there were significant mining law cases, which are discussed below.
An electronic system of lodgement of applications in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 ('MPRDA') was instituted by way of substituting regulation 2 under the MPRDA (GNR 349 GG 34225 of 18 April 2011).
Miscellaneous contracts (agency, carriage, deposit, donation, loan, partnership, service, and surety)Source: Annual Survey of South African Law 2011, pp 1100 –1154 (2011)More Less
In relation to carriage by sea, the Merchant Shipping (Safe Containers Convention) Act 10 of 2011 was enacted to give effect to articles II to VI of the International Convention for Safe Containers and to provide for matters connected therewith. Section 6 of the Act allows for the appointment of container inspectors, and section 7 affords inspectors the power to board, without a warrant, at any reasonable time, any vehicle, (including a ship, train or truck) in the following circumstances: first, if there is significant evidence that a container on the vehicle may create an obvious risk to safety; secondly, for the purpose of confirming whether the vehicle holds a Safety Approval Plate; and, lastly, to determine whether any provision of the Act has been contravened. Section 8 ensures that no person obstructs an inspector in the performance of his or her duties, and section 9 details the process for an inquiry into an accident or incident involving a container.
Author Muthundinne SigwadiSource: Annual Survey of South African Law 2011, pp 1155 –1173 (2011)More Less
General Notice 425 of 2011 (GG 34402 of 1 July 2011) and General Notice 441 of 2011 (GG 34431 of 8 July 2011) were issued in terms of section 29 of the Government Employees Pension Law, 1996 (Proc 21 of 1996) by the Board of Trustees to amend the rules of the Government Employees' Pension Fund. General Notice 425 of 2011 substituted a new rule 11.4, which provides a formula to use when calculating the amount payable by a member in respect of service recognized as pensionable service in terms of rule 10.4. The new rule became effective on 1 July 2011.
Author S.S. TerblancheSource: Annual Survey of South African Law 2011, pp 1186 –1227 (2011)More Less
The Correctional Matters Amendment Act 5 of 2011 was passed during 2011. It substantially changes the existing Correctional Services Act 111 of 1998, especially with respect to 'remand detainees', a separate class of prisoners created in this amendment. More pertinent to sentencing are the changes to section 73 of the Correctional Services Act 111 of 1998, which, when put into operation, will change some of the provisions governing the release of certain classes of prisoners. However, by the end of 2011 these changes had not yet been put into operation.