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January 2015: The Watertight Case that Prescribed

Latest News Letters - Wed, 12/17/2014 - 00:00
“Sad is the day when a party with a watertight case comes to court and he is stopped in his tracks by a sudden death due to a fatal blow from a watertight defence of prescription. The present matter is a classic case of this nature” (extract from judgment below)
Here’s another warning from our courts about the dangers of procrastination when it comes to...

December 2014: The Golf Estate Rules That Sent a St Bernard to the Doghouse

Latest News Letters - Mon, 11/24/2014 - 00:00
“To his dog, every man is Napoleon; hence the constant popularity of dogs” (Aldous Huxley) Living in a residential estate means submitting yourself to all rules and regulations lawfully imposed by the estate’s management on residents.  A recent High Court judgment illustrates.The Basic Conditions of Employment Act (BCEA) sets a minimum of 15 annual days&rsquo...

November 2014: Developers Register or Regret

Latest News Letters - Wed, 10/22/2014 - 00:00
Residential property developers need to note the recent Constitutional Court judgment confirming that you must register with the NHBRC (National Home Builder's Registration Council) before you conclude a building contract or commence building – if you don’t (or if you register late) you cannot enforce payment.  In fact you commit a criminal offence just by accepting any payment. It is not enough...

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