An anxious reader tells the Property Poser experts that she concluded a rental agreement with a tenant, which specifically stated that one month’s notice would be given to vacate the premises should the property be sold. The lease agreement was on a month-to-month basis. Earlier this year it appears that the property was, in fact, sold and around this time the tenant gave notice to both owner and agent that she would vacate the property. Shortly thereafter, she reneged on the notice to vacate and refused to move out, citing the PIE Act in her defence. The reader would like to know what her remedies are. Rian du Toit from DTS Attorneys in Port Elizabeth says it appears that the agreement has been properly terminated in view of the fact that the tenant gave notice, which was accepted by the landlord. “The tenant is therefore in unlawful occupation of the property.” In terms of the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, or so-called PIE Act, no one may be evicted from a property without a court order, says Du Toit. “A landlord wishing to evict an unlawful occupier has to institute action to initiate the procedure to evict.” Du Toit says a notice authorised by a magistrate must be served on the unlawful occupier as well as the municipality at least 14 working days before the hearing on the eviction. “This notice obviously allows the lessee to oppose the action. At a hearing of the matter, the court will determine whether the landlord is entitled to evict the tenant.” The PIE Act contains reference to issues to be considered by the court, says Du Toit. “These include the rights and needs of children, the elderly and households headed by women.” If the court finds that the owner is entitled to an eviction order, it will also assign a date upon which the unlawful occupier must vacate the premises, says Du Toit. The owner may call in the assistance of the sheriff to remove the occupiers, . . .
In light of the international Circle of Excellence award win and being a Cannes finalist, Boomtown Strategic Brand Agency has once again proven to be a fierce competitor in the industry by winning a Diamond PMR Africa (Professional Management Review) award at the Eastern Cape Province leaders and achievers awards breakfast. This award secured the 1st overall spot for excellence in advertising, becoming the 7th consecutive year for Boomtown winning a PMR award. The PMR awards represent competitiveness, excellence, leadership, customer service and satisfaction which are a true reflection of Boomtown’s culture. The winners are selected through a careful process where surveys are done on a number of respondents in the Eastern Cape including; CEO’s, MD’s, business owners and industry leaders who were asked to rate institutions, companies, departments and individuals against specific criteria, who are not allowed to enter themselves but are solely reliant on nomination by their peers. The survey measures economic growth, development of the region, and levels of innovation and the rating given to companies are purely on respondent’s perception. "Of all our awards this last year, we are exceptionally proud of this one. Being recognized so highly by our fellow Eastern Cape business colleagues, partners and clients is very humbling. We look forward to continually raising the bar for 2012/13.", said Wayne Harrison, Boomtown’s MD With 18 years of industry experience, offices in both Port Elizabeth and Johannesburg, and a staff compliment of 57, Boomtown is living proof of the AdReview 2012 recognition as one of SA’s top agencies. More Info: Author: Gabriela Vleeschouwer from Boomtown. Originally distributed by MyPR.co.za. No of Images Uploaded: None To gain access to One image/s please Like, Tweet or +1 this article: [l2g] Images: From left to right; Kenny Holloway (Client Service Director), Luvuyo Bangazi (Business Director), Wayne Harrison . . .
The recent Constitutional Court ruling that it was unfair for the Road Accident Fund (RAF) to limit compensation to no more than R 25000 if victims were passengers in taxis whose driver caused an accident, meant that Parliament was obliged to further amend the RAF Act. According to Roy Barendse, Director in the Dispute Resolution practice at Cliffe Dekker Hofmeyr, “The RAF (Transitional Provisions) Bill currently under discussion in Parliament notes that an accident victim may either be subjected to the old limitation of R25 000 or be compensated in terms of the provisions of the 2008 amendments. “Since the 2008 amendments, all claims for loss of earnings are capped/limited and general damages are only paid to victims who can prove that they suffered serious injuries. All indications are that the effect of the 2008 amendments was to erode the deficit,” he says “It follows from this week’s discussions, that in the more serious cases, passengers will now receive higher compensation, yet also be subjected to the capping of loss of earnings and will also only be compensated for general damages if they can prove that they suffered serious injuries. Some limitations will therefore still apply. “Further, in view of the current legislation, much less costs will be spent than previously, on the determination of the merits of passenger claims. “The impact of this new Bill may therefore not be as huge as predicted,” says Barendse. “While the Road Accident Fund does have a deficit of over R42 billion, we must not lose sight of the fact that this developed over many decades when claims were uncapped. Also, huge amounts were paid as compensation to foreigner claimants who could recover loss of earnings quantified in their own currency. Barendse adds, “The Department of Transport should do more to address the carnage on our roads. We should not be looking for ways to unfairly limit compensation of innocent victims. Instead, we should be looking at ways . . .
Animals really are a man’s best friend that’s why Boomtown together with the Animal Welfare Society (AWS) of Port Elizabeth have created a fun, interactive and easy way to donate to your favourite animal society. The Animal Welfare “wall” is a physical cardboard wall created by Boomtown, as a Corporate Social Investment (CSI) initiative for the society in aid of raising funds for their animals, but with the economic meltdown it isn’t always easy to donate. This fun wall allows you to buy, stickers, which consist of; bowls of food, frisbees and balls, which you then stick on the blank wall. The prices of these stickers range from R5 to R20, showing that even the smallest amount can help make a difference. This wall then becomes a visual representation of how much has been raised or donated to the society, and all the proceeds go towards the society. Founded in 1971 the AWS is a charity organization dependent on donations and volunteers and, it is the only one of its kind in PE operating as a pound, offering shelter to animals that are unwanted, lost or abandoned. This wall will also be seen in shopping centre malls, other venues/functions, on a regular basis to ensure continuous fundraising. And remember that donations and volunteers are always welcome. For more information contact the Animal Welfare Society on 041 581 2633, or email, at firstname.lastname@example.org. More Info: Author: Gabriela Vleeschouwer from Boomtown. Originally distributed by MyPR.co.za. No of Images Uploaded: One To gain access to One image/s please Like, Tweet or +1 this article: [l2g] Images: The Animal Welfare Wall [/l2g] . . .
The University of Johannesburg cricket club has adopted a strong stance against rhino poaching and will be coming out to bat for the endangered creatures this season. The university’s teams will wear kit bearing the “stop rhino poaching now” logo at all of their upcoming fixtures as part of an awareness-building campaign. UJ cricket club manager Karel Mouton said creating visibility was an important part of combating the illegal slaughter of rhinos, whose horns were used in traditional medicines throughout Asia. According to official figures, 1 267 have been reported killed since 2008, with 281 this year alone. Having won the National Cricket Club Championships, Gauteng Premier League and University Sport South Africa tournament on multiple occasions, Mouton said the club had a duty to use its high-profile status to positive effect. “People hear about rhino poaching in the media but it has become a statistic only. Who cares? “If they see the logo in the sports arena worn by fellow sportspeople, they might begin to feel differently. They might even donate to the cause or tell their friends and family what they encountered on the field that day.” He said the teams would debut the new kit at various pre-season warm-up matches in September, ahead of the league fixtures starting in October. “We are also looking into including UJ’s junior sides in the campaign.” Mouton said the university’s Soweto campus would also participate in the Sunday First League tournament in 2012/2013. “Carrying the anti-poaching message into the townships is important because we want people to rally against the destruction of their natural heritage. “Many may not be aware of the seriousness of the situation and some might even have information they can pass on to authorities.” He said this was the first time that the club had officially supported such a community initiative and that it was a cause close to the players’ hearts. “They are students with limited . . .
With less than 48 hours until the torch is lit to mark the start of the 2012 Olympic Games, a local Cape Town girl wins her very own gold. 12 year old Zara Wichman was named the regional best letter-writer for her letter to Olympic silver medallist Sasha Cohen. Wichman earned prize money of R5 000 for herself and R15 000 for her school, Star of the Sea Convent Shool, with her letter in the South African Post Office (SA Post Office) International Letter-Writing competition. The topic for the 2012 letter writing competition was “write a letter to an athlete or sports figure you admire to explain what the Olympics mean to you.” The competition is run annually by the Universal Postal Union (UPU) and the winning entry from each country competes for the title of “best letter writer”. Wichman chose to write her letter to Sasha Cohen and express her thanks and gratitude for being such a wonderful role model. In her letter she articulated the values of the Olympic Games, what the Games meant to her and how she was looking forward to supporting South Africa’s sporting heroes. “I think that it is amazing how you took part in an event where absolutely EVERYONE was trying to achieve excellence and you did so well,” Wichman said in her letter. “I am well and truly amazed.” The SA Post Office received thousands of entries for the International Letter Writing Competition and judging by the volumes of letters received, Olympic favourites are Oscar Pistorius, Caster Semenya and Natalie du Toit. “The South African Post Office is delighted by the letters received. Learners showed remarkable insight into the history of the Olympic Games and what they symbolise,” said Martie Gilchrist, SA Post Office regional communication manager. “It was encouraging to see the children so enthusiastic about our Olympic team.” For more information visit www.postoffice.co.za Ends More Info: http://www.facebook.com/SouthAfricanPostOffice Author: Alex de Kock from . . . .
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 . . .