VOETSTOOTS – DOES SILENCE CONSTITUTE FRAUD?
A contract to buy or sell property would invariably include a voetstoots clause. The recent Court decision of Waller and Another vs Pienaar and Another 2004(6) SA 303(C) has elucidated certain aspects of the voetstoots clause. What is meant by the term “voetstoots”? The clause means that the property is sold “as is” or “as […]
PLUMBING CERTIFICATES: A REQUIREMENT FOR PROPERTY TRANSFERS IN THE CITY OF CAPE TOWN
The City of Cape Town recently passed a by-law in terms of which it is required that a plumbing certificate issued by an accredited plumber is e-mailed to Council prior to registration of transfer. The form of the certificate is specifically prescribed in Schedule 4 of the By-Law. The questions that immediately come to mind […]
COMPLIANCE CERTIFICATES IN RESPECT OF GAS INSTALLATIONS
On the 15th July 2009 new regulations in terms of the Occupational Health and Safety Act of 1993 were published governing “Pressure Equipment Regulations”. In terms of the same there is now a duty on the homeowner to hold an external inspection and leak test after the installation or reinstallation and before the commissioning of […]
THE NEW ELECTRICAL INSTALLATION REGULATIONS, 2009
The Electrical Installation Regulations, 2009 repeals the Electrical Installation Regulations, 1992, promulgated by Government Notice R. 2920 of 23 October 1992, as amended by Government Notice No. R. 962 of 20 May 1994, and came into effect on 1 May 2009. Download the PDF and continue reading the full article.
ELECTRICAL FENCE SYSTEM CERTIFICATE
We set out below a suggested clause in terms of the requirements of Regulation 12 of the Electrical Machinery Regulations which came into operation on the 1st October 2012. “The Seller shall obtain at his cost the required Electric Fence System Certificate as mentioned in Regulation 12 of the Electrical Machinery Regulations, 2011 promulgated in […]
THE CONSUMER PROTECTION ACT and TYPICAL PROPERTY TRANSACTIONS – SHORTEN
1. INTRODUCTION In South Africa consumer protection legislation has for a long time not been in line with those of other countries. This changed when The Consumer Protection Act (CPA) was signed into law on 24 April 2009. The provisions that impact on estate agents will come into operation on 1 April 2011. The main […]
CIVIL UNION ACT, 2006
The Civil Union Act, 2006 came into effect on 30 November 2006, with the aim to provide for the solemnization of civil unions by way of either a marriage or civil partnership, the legal consequences of civil unions and incidentals. DEFFENITIONS A “Civil Union” in Section 1 of the Act, is described as “the voluntary […]
CERTIFICATES OF COMPLIANCE
1. ELECTRICAL CERTIFICATE The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) require every user or lessor of an electrical installation to be in possession of a valid certificate of compliance and to produce such a certificate on request to an inspector, supplier or approved inspection authority, unless there is an agreement […]
