Annual Survey of South African Law - Volume 2012, Issue 1, 2012
Volume 2012, Issue 1, 2012
Source: Annual Survey of South African Law 2012, pp 601 –671 (2012)More Less
In Stols v Garlicke & Bousfield Inc 2012 (4) SA 415 (KZP), the plaintiff (P) sued the defendant (D) on a contract of deposit in terms of which P deposited money with D. The money was to be repaid with interest on a specified date. It is alleged that C, an executive consultant in D's employ, was authorised to represent D in this contract. C paid the deposits into accounts operated by a firm of chartered accountants and business advisers (PKF), instead of into D's trust account. P alleged that D had failed to repay the money, and claimed repayment from D. D denied any knowledge of the scheme, or that C was authorised to represent it in concluding such agreements. D filed a third-party notice in which it sought to hold PKF liable on the ground that, being aware that C was D's executive consultant, it had a legal duty to inform D that C was causing its accounts to be operated in this way, and that it had failed to do so. PKF excepted to the third-party notice on four grounds, of which only the fourth - that unlawfulness was not shown - is important for present purposes. D initially averred that the question of wrongfulness could not be addressed on exception because the existence or otherwise of a legal duty is a conclusion of law. It later conceded that there was no absolute bar to deciding on the existence or otherwise of a legal duty on exception.
Author Jacqueline HeatonSource: Annual Survey of South African Law 2012, pp 703 –716 (2012)More Less
The fees payable for the issuing or re-issuing of a birth or death certificate, amendment of an entry in the birth register, a change of forename or surname, and a duplicate confirmation of a change of forename or surname in terms of the Births and Deaths Registration Act 51 of 1992, have been amended as from 28 December (GN 1123 GG 36054 of 28 December 2012).
Author M.J. De WaalSource: Annual Survey of South African Law 2012, pp 831 –864 (2012)More Less
Source: Annual Survey of South African Law 2012, pp 865 –893 (2012)More Less
The main legislative development in 2012 was the publication for comment, of the draft Mineral and Petroleum Resources Development Amendment Bill, 2012 (see GN 1066 GG 36037 of 27 December 20120). There were also significant mining law cases which are discussed under 'Case Law'.
Miscellaneous contracts (agency, carriage, deposit, donation, loan, partnership, service, and surety)Source: Annual Survey of South African Law 2012, pp 894 –959 (2012)More Less
Author Muthundinne SigwadiSource: Annual Survey of South African Law 2012, pp 960 –976 (2012)More Less
General Notice 276 of 2012 (GG 352023 of 30 March 2012) and General Notice 892 of 2012 (GG 358273 of 26 October 2012) were issued in terms of section 29 of the Government Employees Pension Law 21 of 1996, by the Board of Trustees to amend the rules of the Government Employees Pension Fund.
Author Hennie StrydomSource: Annual Survey of South African Law 2012, pp 977 –995 (2012)More Less
During the period under review South Africa concluded fifty bilateral treaties and two multi-lateral treaties. A wide range of topics is covered, but taxation, arts and culture, economic cooperation (including trade and investment) and environmental matters have received particular attention.
Author Peter SurteesSource: Annual Survey of South African Law 2012, pp 996 –1045 (2012)More Less
This is a summary of some of the income tax amendments introduced by the Taxation Laws Amendment Act 24 of 2011, assented to on 10 January 2012 (GG 34927), and the Taxation Laws Second Amendment Act 25 of 2011, assented to on 14 December 2011 (GG 34867). The summary does not purport to deal with all the amendments in detail.