About this issue

Here follows a snapshot of important n= ews, cases and legislative happenings in the first week of March 2010, which impact on conveyancing and property law.

Previous Issues

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5 March 2010

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HOMEOWNERS ASSOCIATION’S PE= TTY GRIEF WITH WIRE MESHING

Kenrock Homeowners Association v = Mewett (6886/07) [2010] ZAWCHC 12 (10 February 2010)

Owners living in close proximity to each other in a cluster housing scheme and= who all belong to and are bound by the constitution of a Homeowner’s Association, may well rightly be aggrieved if any one owner deviates fr= om the determined design and style requirements. However, where the transgression is minor and the owner’s proposals to rectify adequ= ate, our Courts will ensure that reason prevails.

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The Judgment
Summary of the Judgment

WHEN AN ILLEGAL OCCUPIER IS THE O= WNER`S EX-SPOUSE

Thutha v Thutha and Another (745/= 09) [2010] ZAECMHC 2 (12 February 2010)

This case illustrates considerations a Court may take into account when deci= ding whether it will be just and fair to grant an order for eviction against= an illegal occupier who, in this instance, was the owner’s ex-spouse= .

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The Judgment
Summary of the Judgment

ORAL EXTENSION OF THE BOND DUE DA= TE IN SPITE OF A NON-VARIATION CLAUSE

Dreyer v Lubbe and Others (8620/0= 7) [2010] ZAWCHC 20 (18 February 2010)

In this matter the parties entered into an agreement for the sale of the member`s interest in a close corporation in which immovable property was held. They orally agreed to extend the bond due date despite the fact t= hat the agreement contained a non-variation clause. This provided the techn= ical out for the purchaser who, before lapsing of the extended due date, wis= hed to cancel the agreement.

read mo= re
The Judgment
Summary of the Judgment

KING III NOW EFFECTIVE=

The King III Code of Governance <= o:p>

The King III Code of Governance is a best practice guideline commissioned by the Institute of Directors to promote the accountability of corporate entities to their stakeholders, such as shareholders and employees.

The new Code came into effect on 01 March 2010 and broadens the scope of director accountability to bring it in line with the new Companies Act,= 31 OF 2008 and international trends in corporate governance.

Although it does not have the force of law, compliance with its principles is a mandatory JSE listing requirement and otherwise, it will generally be a benchmark against which director actions are measured.

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STBB/ITA`s ad hoc em= ail info service that delivers conveyancing and property law information to attorneys, agents, banks, paralegals and other property stakeholders. Ple= ase send a STOP DUPLICAT= ES NOTIFICATION to us if you are receiving this newsletter in duplicate. Email your comments and questions to: info@stbb.co.= za.

STBB | Smith Tabata Buchanan Boyes` Property Law Service is compiled by Maryna Botha & Lizelle Kilbourn. Igqwetha Training Academy (ITA), a legal educational and training company, is a subsidiary of STBB. STBB | Smith Tabata Buchanan Boyes i= s a national South African law firm.

Disclaimer: ITA and/= or STBB | Smith Tabata Buchanan Boyes accept no responsibility for errors&nb= sp; or omissions in this publication. This does not constitute legal advice. Please consult an attorney should you require legal assistance.