This week a reader asks the Property Poser experts whether a managing agent is allowed to lead the body corporate of a sectional title complex and give advice. In addition, as a trustee of the complex in which he resides, he is concerned about a situation in which one or two of his fellow trustees are trying to take control. According to Charlotte Vermaak from Chas Everitt in Port Elizabeth, a management agent is an individual or firm appointed by a body corporate or homeowners’ association to manage the property on its behalf. “Although the agent has the contractual responsibility for the management of the property, the ultimate responsibility will always rest with the trustees of a body corporate or the directors of a homeowners’ association.” Of course, says Vermaak, if a managing agent has been appointed, it would only be to the trustees’ advantage to at least consider the agent’s advice, as he or she would be typically knowledgeable on the subject. “However, it’s not compulsory for the trustees to appoint an agent, and many smaller schemes manage their affairs without assistance due to the competence and active participation of the owners.” Especially in medium to large-sized schemes, the workload involved in managing the affairs of a body corporate and lack of compensation usually encourages trustees to appoint a managing agent, says Vermaak. “In terms of the prescribed management rules, the agent must be appointed by written contract for an initial period of one year, with one month’s written notice of termination to be given by either party thereafter.” The scope of the managing agent’s services will be specifically stipulated in the contract of appointment, says Rian du Toit from DTS Attorneys in PE. “Generally, however, he or she will control, manage and administer the common property as well as any obligations the body corporate has to any public or local authority on behalf of section owners.” Du Toit says the functions . . .
VISI loves paper architects, oversized lamps, hanging calabashes for snoozing pets, cheeky Orbit chairs, sexy leg-shaped toothbrushes, and book-end floors; and its new owner New Media is sure that readers will find at least ‘33 Reasons to Still Love VISI’ in its transformed Winter Issue, on shelf Wednesday, 18 July. The new format features an uber-cool new masthead, different size, paper selection (which changes throughout the magazine to give readers an exciting tactile experience) and visually impactful graphic language -- all part of the redesign of the magazine by Durban-based graphic art talent and indie publisher Garth Walker. Walker worked with VISI editor Sumien Brink to develop the new look in synch with New Media’s strategy for VISI, which is to reinvigorate the award-winning design and decor magazine with refreshed graphics and content, as well as a new print schedule. Four bumper seasonal issues and two special interest editions of VISI will be published per year. From Reason No 1 –‘We tell you where to shop’, to Reason No 15 – ‘We find beauty in fragile things’, to Reason No 24 – ‘We show you beautiful craft’, the Winter issue is filled with soft, creamy, wooly, sharp, woody, pink and shiny design ideas that editor Brink says “are certain to catch the eye and captivate the imagination of any decor lover.” Brink adds: “In our ’33 Reasons to Still Love VISI’ feature, we wanted to highlight the top reasons why VISI is still everybody’s favourite design mag, but I have to say that in this stunning issue, there are far more than 33 reasons to love VISI.” Seventy pages of magnificent and diverse houses feature upfront in the issue, from an artist’s home on the banks of the Crocodile River to Frank Lloyd Wright-inspired family home in Cape Town. As VISI recognizes that for many of us, pets are people too, the magazine delves beyond the human to the home of globetrotting Cape Town-based dog Oscar, and touts a host of the latest chic doggie sleeping . . .
After kayaking almost 350 kilometres down the waterways of northern Botswana, dodging hippos and crocs, walking 125 kilometres through the Chobe National Park from Savuti Marsh to Goha Gate, and then kayaking another 232 kilometres on the mighty Zambezi river, the Tracks of Giants team reached the waterfront on the edge of Livingstone, Zambia on Wednesday, July 11. This marked the end of the second kayak leg as well as the 2,500 kilometre half-way mark for the entire Tracks of Giants journey. Specialist wilderness guide, photojournalist and naturalist Ian Michler, and medical doctor, psychiatrist, writer and conservationist, Ian McCallum, are two of the core members of the Tracks team. They are joined by a backup team, and various sponsors and supporters along the way in this epic 5,000 kilometre journey to raise international awareness of the importance of corridor and transfrontier park conservation and the understanding of the human-animal interface in southern Africa. They are travelling along ancient elephant migration routes, and are carrying an elephant collar donated by conservation organisation, Elephants Without Borders (EWB). “It is a symbol of how we’ve learned from monitoring elephants and how that knowledge has become our path, leading us towards positive conservation efforts,” says Kelly Landen of EWB. Landen and Dr Mike Chase, also from EWB guided the Tracks of Giants team through Chobe and the Linyanti Floodplain in Botswana. This elephant collar will be deployed onto an elephant in the Chobe area after the expedition has been completed. According to Michler, “The last few days of the kayak leg in Botswana ended in a multitude of magnificent elephant sightings – family herds or groups of bulls around almost every bend!” One of the aims of Tracks of Giants is to rekindle the rapidly declining indigenous knowledge base of the human-animal interface, and indigenous solutions to conservation challenges and issues. Guided by EWB, the team . . .
This week the Property Poser panel looks at the ramifications of a situation where the conveyancing attorney paid out an estate agent’s commission before he was entitled to do so. A reader writes that he paid a deposit into the attorney’s trust account, which was earmarked for transfer costs. The attorney instead used the money to pay the agent’s commission and, when confronted by the reader, admitted that he paid the agent “prematurely”. The inappropriate payment of monies held in trust by a conveyancing attorney, or any attorney for that matter, is viewed in a very serious light, says Rian du Toit from DTS Attorneys in Port Elizabeth. “The nature of the attorney’s trust account is that funds are held for a specific purpose on behalf of another party. The attorney can only act on the instructions of the party who paid the monies.” Du Toit says the other part of the problem here revolves around the fact that an estate agent earns commission on fulfilment of his or her mandate. “Unless the mandate stipulates differently, this is when a binding agreement of sale takes place between the seller and a willing and able purchaser, culminating in the transfer of ownership.” The payment of the said commission therefore takes place on the date of registration of transfer, says Du Toit. “In terms of the Estate Agents’ Code of Conduct, an agent may not receive any commission on a sale that is subject to a suspensive condition until that condition is met.” Du Toit says examples would be a mortgage loan approval or the sale of another property. “The agreement only becomes binding once the suspensive condition has been fulfilled.” The same applies where the agreement contains a resolutive condition, which means the sale can still fall away before transfer, says Charlotte Vermaak from Chas Everitt in PE. “In the event that the parties should agree to payment before conditions have been met, this must be consented to by the party liable for payment of . . .
Cliffe Dekker Hofmeyr has contributed a substantial amount to the Rhino Action Group Effort (RAGE). RAGE was set up by Lead SA (a Primedia Broadcasting and Independent Newspapers initiative) to assist in the fight against the illegal rhino poaching scourge. Brent Williams, CEO of Cliffe Dekker Hofmeyr says, “We are grateful to RAGE, Lead SA and all involved in this on-going campaign to root out Rhino poaching. Not only does this campaign provide us with an opportunity to supplement our firm’s corporate social investment strategy but we are comforted by the knowledge that our contribution will be appropriately applied by RAGE for its intended purpose.” RAGE was designed to be a safe conduit for public contributions to this cause, whether they be financial, material or in the form of skills and information. There is evidence that there is a huge groundswell of public support for campaigns to protect the rhino, but that many people are deterred from contributing either because they are unable to decide which of the many rhino-related organisations they should support, or because they are afraid that their donations may be diverted into the wrong hands. RAGE was therefore conceived as a safe haven for public contributions, so that people can with confidence turn their anger into effective action. RAGE does not directly carry out work on the ground, but supports those who do. When contributions are received, whether monetary or in kind (or expertise), RAGE's committee of volunteer experts (ecologists, game reserve owners, members of government, media professionals, economists etc.) collectively decides where they can best be utilised. RAGE mounts campaigns to build public awareness of issues associated with rhino poaching, and lobbies appropriate authorities for support. RAGE has the full support of the South African Police, and of South African National Parks. ends More Info: http://www.cliffedekkerhofmeyr.com Author: Angela Graham from Cliffe Dekker . . .
Law graduates today face increasingly great difficulty in securing articles of clerkship with a law firm. Hundreds of law graduates clamour for positions every year at the large commercial law firms. Many perceive these firms as the most desirable employers of choice from a remuneration and future-prospects perspective. The hard truth, however, is that the vast majority of applicants will not find articles at any of the handful of large law firms and some will not be able to get articles following the year they graduate from university at all. While those graduates should not be discouraged from applying at all to firms that may be perceived to be very difficult to get into, aspiring attorneys should consider the following: The average age of a law graduate looking to start articles is around twenty two, if the graduate has an undergraduate degree in law, and normally twenty three if the graduate studied a Bachelor of Commerce or Arts prior to reading a postgraduate LLB. This effectively means that most graduates will have career spans of at least forty or more years before facing retirement. While it certainly is prudent to become economically active as soon as possible, it is by no means a disaster if one takes an additional year or two to further one's educational, professional profile or life experience prior to starting articles; More applicants to large law firms now apply with higher diplomas and master’s degrees in law. This may give them a competitive edge when compared to applicants who have not obtained those additional qualifications. If a graduate is unable to secure articles at a firm of choice simply because of a lack of space on that firm's part, it is often a good tactic to try and agree with that firm that the applicant will undertake to start serving articles a year or two later, after having obtained a postgraduate degree or diploma; Another option which is worth considering is taking up a position as a judge's clerk. While the option of . . .
“Mandela Day is a global call to action to change the world for the better and to build a global movement for good. It seeks to empower communities through kindness and generosity and proves that everyone can make a difference,” says Cheryl Kemp regional communication specialist of the SA Post Office. To honour the legacy of Nelson Mandela, the Port Elizabeth regional office of the SA Post Office will be painting the run down entrance hall of the Care Haven Psychiatric Centre. The SA Post Office has had a vested interest in the Centre with various donations of food, bedding and crockery going to the home over recent months. The Care Haven Psychiatric Home provides counselling, psychiatric facilities, and promotes social and recreational activities for psychiatric patients in the Eastern Cape. The Centre is situated in Central in the Eastern Cape and services patients from the surrounding region. Additional SA Post Office Mandela Day activities in the region include the launch of the “Teach children to save” campaign which takes place in Zwide. The initiative is spearheaded by Postbank and the Banking Association of South Africa and aims to promote saving whilst teaching children to become financially literate. For more information on the SA Post Office visit www.postoffice.co.za or find them on Facebook at www.faceboook.com/SouthAfricanPostOffice Ends. _____________________________________________________________________ Prepared By: Ogilvy PR Alex de Kock Alex.firstname.lastname@example.org 021 467 1043 072 854 7635 Issued on behalf of SA Post Office Cheryl Kemp 041 508 4117 email@example.com More Info: http://www.postoffice.co.za Author: Alex de Kock from . Originally distributed by MyPR.co.za. No of Images Uploaded: None . . .
Gartner Symposium to focus on meeting the challenges of extreme information management The 2012 Gartner Symposium/ITxpo, to be held at the Cape Town International Convention Centre from August 28-30, will once again bring together top IT leaders to deepen their understanding and sharpen their skills. “The theme this year is Focus, Connect, Lead,” says Tom Scholtz of Gartner. “Extreme information management presents CIOs with a whole new set of challenges – and also the opportunity to deepen their leadership. The agenda at this year’s Symposium will help IT leaders look at the real issues, what opportunities there are to connect applications with business and stakeholders, and how they can take a lead in transforming IT in business.” Tina Nunno, Gartner Vice President and Research Director in the US-based CIO Research Group, will give a series of presentations on how CIOs can navigate complex decisions and sensitive organisational politics, as well as on management issues like working with the board of directors, executive communication strategies, change leadership and governance strategies. BRICS expert Partha Iyengar will discuss how local CIOs can help their organisations exploit the opportunities that come with South Africa’s entry into the community, Daryl Plummer will reveal trends in cloud computing and Andy Kyte will discuss application management and overhaul. The special guest speaker is Dr Jasper Horrell, the manager of Science Computing and Innovation for the Square Kilometre Array (SKA) project. “This year there are five tracks and over 50 presentations from 18 acknowledged global thought leaders,” says Gartner Africa MD Rene Jacobs. “It’s a once-a-year opportunity to catch up with the latest thinking, network, share ideas and gain new insights. It’s the one event of the year that no IT leader can afford to miss.” For more information and a full agenda, please visit http://www.gartner.co.za. About Gartner Gartner, Inc. (NYSE: . . .
Young Revolution has announced its latest confirmed speakers for their inaugural conference in Pretoria this August with names that include top internationally recognized learning thought leaders. Pretoria, July 16, 2012 – Dr. Trevor Manuel, Minister in the Presidency for National Planning Commission, will be delivering the keynote presentation at the official TNEW Gala Night focusing on economic development through entrepreneurship initiatives. Dr. Manuel will take questions from the floor, giving delegates a unique opportunity to address one of the industry’s leading figures. Councillor Kgosientso Ramokgopa, Executive Mayor of the City of Tshwane, will deliver the welcome address on the same night. Other confirmed speakers include Jayshree Naidoo, chairperson of the Southern African Innovation Network (SAINe), Nosipho Khonkwane, Provincial Manager- Gauteng of Small Enterprise Development Agency (SEDA), Siya Mapoko, serial entrepreneur and author of ‘The Best Advice I Ever Got’, Robert Botha, CEO of James 127 and Magdalene Moonsamy, COO of the National Youth Development Agency (NYDA). "“I’m delighted to announce that we now have over 40 top industry professionals speaking at this conference," said Lawrence Umukoro, Event Director, Tshwane Entrepreneurship Week. "TNEW is the premier event to network with other business owners and decision-makers, attend cutting edge workshops and shop around for products & services available to help your business exceed your goals." The conference will take place from the 27th to the 31st of August 2012 at the Innovation Hub in Lynwood, Pretoria. To book your place please contact firstname.lastname@example.org or visit www.tnew.co.za Discounted early bird tickets are also available - offer ends 31 July 2012. More Info: http://www.tnew.co.za Author: Lawrence Umukoro from Young Revolution. Originally distributed by MyPR.co.za. No of Images Uploaded: One To gain access to One image/s please Like, Tweet or +1 this . . .
After its great success last year, The Herald Urban Run will return this Tourism Month – once again drawing runners and adventurers from all around to participate in the ‘urbanathlon’ – taking them on a journey through some of the city’s urban sights and attractions while raising money for charity. “Events like the urban race are what our city thrives on. The race shows off several of our inner-city attractions – exposing tourists to a part of our city that abounds with history, art and heritage,” said Nelson Mandela Bay Tourism (NMBT) CEO, Mandlakazi Skefile. The event, which had its first ‘run’ last year, expects to see hundreds of athletes from around the Eastern Cape descend on Nelson Mandela Bay again this year. The city footrace starts and finishes at the iconic Donkin Reserve, also known as the ‘beacon of the bay’ takes place September 16th. It takes competitors through the Central Business District (CBD) of the city along with part of the heritage trail Route 67 and includes iconic sights such as Fort Frederick. Nelson Mandela Bay’s CBD has become one of the front runners in respect of urban renewal, this race calls for tourists and locals to bear witness to the urban transformation for themselves. “The 10.5km urban obstacle race is for social fun runners who are looking for something a little different,” said event organizer, Michael Zoetmulder. “By its very nature, an Urban Run is a multi-disciplinary, city foot race with the emphasis squarely on having fun. Urban obstacles are designed in such a way as to get the social runner sweating and smiling while taking in the city’s surrounds” The race, established last year by local sports events company, Zports, raised R40 000 last year and is hoping to increase that to R100 000 this year. Businesses along the route are encouraged to become involved and lend their support to the event. Organisers say Port Elizabeth has set the benchmark for urban runs in South Africa and September’s event . . .