Thursday, June 2, 2016
Vol. 611 11 May / Mei 2016 No. 39981
Monday, May 23, 2016
PURCHASE PRICE AND VAT
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH
On 15 April 2016, the Minister of Mineral Resources published a further Draft iteration of the Mining Charter, pursuant to Section 100(2)(b) of the MPRDA. The content and unilateral nature of the Draft was largely met, again, with a sense of exasperation throughout most of the mining sector. The substance of material concerns are numerous and not evaluated here. We also do not address the Minister’s apparent misplaced understanding that he is in a position to “legislate” through Section 100(2)(b). We focus for the moment on the timing of the Draft and the propensity of regulators to drive administrative decisions though the pre-emptive publication or issuance of draft documents.
Friday, May 20, 2016
Property Law
Section 66 of the Deeds Registries Act 47 of 1937 limits the duration of a usufruct to the lifetime of the person in whose favour it was created, and further restricts the cession thereof to the owner of the land encumbered thereby.
Uncertainty, from a conveyancing perspective, prevails with regard to massing and adiation, and massing and election. In this article it will be endeavored to shed more light on the difference between the two, and to indicate what impact it has on the transfer of immovable property emanating from an estate where massing occurred.
In terms of the provisions of Regulations 920 and 921, both advertised in the Regulation Gazette No. 10320 of the Government Gazette No. 38238 dated 24 November 2014, the following has been determined:
From a conveyancing perspective it is very important to distinguish between positive and negative personal servitudes. The reason is due to the fact that different sections of the Deeds Registries Act 47 of 1937 (“the Act”) apply when creating and registering these servitudes.
Tuesday, May 17, 2016
AMENDMENTS TO OFFER TO PURCHASE
