Here
it is!
Research has indicated that clients can benefit by supplementing our
website with a short bulletin on important developments. So here it is: our first
electronic newsletter. You are welcome to network with us for further information on
any of the topics raised. We appreciate any feed back. Also, if you prefer not
to receive this mail, please e-mail us to the above address.
National Credit Act operates to exclude High Court!
It’s no longer a novelty. It’s a South African reality and one
that is affecting our daily lives. The real influence of the act will be felt more
and more as court decisions become reported.
In the case of ABSA Bank Limited versus Jean Pierre Myburgh handed down in
the closing months of 2007, the Transvaal Provincial Division of the High Court held that
a credit agreement should be enforced in the Magistrates’ Court and not the High
Court. In that matter, the court (after a lengthy discussion of the effect of
certain provisions of the act) refused to grant judgment in favour of the bank and ordered
that the matter be transferred to the Magistrates’ Court. The bank was also
refused costs of the High Court proceeding.
Court protects right to housing
 |
In a
recent case before the Supreme Court of Appeal in Bloemfontein, the court upheld an
earlier Cape High Court decision that a warrant of execution on a house was invalid
because the warrant had not been granted after an enquiry by a magistrate. Sonja
Labuschagne said of the case (in which she was the instructing attorney) that it was far
reaching as the sale in execution and further transfers were all affected. The
constitutional protection for housing was underlined. |
Your property, your transaction
When selling your house you should appoint your attorney because he or she
protects your rights. The recent trend in contracts is to distinguish between
occupation and possession. This is pre-printed in some estate agent contracts.
Always make sure that it suites your situation and properly protects you against risk.
Thanks for reading. Have a good day.
Barnard Labuschagne Inc
Registration No. 1999/015298/21 t/a
Ettienne
Barnard Attorneys |
