A reader whose rented four-bedroom home burned down some time ago has approached the Property Poser panel for assistance regarding his rights after the fire. The tenant writes that he and his family were subsequently moved to a two-bedroom house on the undertaking that the landlord would have them back in a similar sized dwelling within three months. It seems that the landlord's intention was to build onto the house that the reader currently occupies. The problem is that 14 months have elapsed since the move with no additions or improvements to the size of the house. During this time, the reader has paid the same rental as he did for the larger dwelling. On top of this, all his family's movable possessions were destroyed in the fire, which was apparently caused by a short circuit in the wiring. He would like to know what his rights are in terms of a reduction in his rental and claiming for his lost possessions. The difficulty in assessing the situation from a legal standpoint lies in the fact that the details of the agreement between tenant and landlord have not been disclosed, says Schalk van der Merwe from Rawson Properties Helderberg in Cape Town. "The only condition that seems to have been agreed upon, that we are aware of, was increasing the size of the dwelling within the agreed time." Van der Merwe says this obviously has not taken place and the rental remained the same. "It's not clear whether the new dwelling justified a higher rental but what does seem apparent is that there could be grounds for an abatement of some amount considering the fact that the house is smaller than it should be." Van der Merwe says the lease agreement between a landlord and tenant typically addresses the rights and obligations of the parties in the event of the partial or total destruction of a rented property. "Where the property is partially destroyed and the tenant is able to continue occupancy during repairs, an abatement of rental will usually be . . .
Study by South Africa Travel Online reveals attitude towards basing airfares on passenger weight. According to the survey a majority of South Africans aged over 60 think it's acceptable to base airfares on passenger weight, but most South Africans younger than 60 think it's unacceptable. 17 July 2013, Cape Town -- GoAir in India was recently in the news for saying that they're only hiring thin, female flight attendants, in a bid to save money on fuel (they didn't mention whether they'd only hire thin female pilots too!). This follows on from last year when Samoa Air became the first airline in the world to charge airfares according to weight (about R10/kilogram). The most surprising discovery was the difference of opinion between those over and those under 60 years old. While 53% of South Africans older than 60 believe it's perfectly acceptable to weigh-in like a boxer before a flight and be charged accordingly, 64% of younger folk say it's unacceptable. So, who is right - the youngsters or the retirees? On an overall basis, 61% of the 2334 South Africans who participated are against having airfares based on weight. Most of those against a weigh-in reasoned that it would be discriminatory, against the Constitution, that some people have medical conditions whereby they cannot control their weight, and that it would be just plain embarassing. "No way should overweight people be charged extra for their tickets. This is immoral." was a typical response. The SouthAfrica.TO survey demonstrates that here is a substantial minority (39%) who are for airfares based on passenger weight, with reasons varying from it making economic sense (since fuel costs depend on weight) to it encouraging people to live healthier lifestyles (there were even a few who were concerned that heavy people would interfere with the aircraft's avionics!). Certainly there's enough of a minority to make up a market for any airline gutsy enough to implement airfares based on weight. But . . .
Trade mark owners should remain vigilant as the Top Level Domain Space expands By Donvay Wegierski, director at Werksmans Attorneys The Google AdWords programme, where the highest bidders are offered third party-owned trade marks for keyword advertising, remains debated by trade mark owners. This programme is on a pay-per-click basis, also known as the sponsored link campaign, whereby an advertiser pays only when the link is clicked on. The Google Adwords programme is a highly popular means of generating traffic to a website and helps to boost online advertising. As a general rule, foreign courts have said that the use of a trade mark as a keyword is acceptable; provided the internet user can discern that there is no connection or association of the mark with the trade mark proprietor. In considering the issue of keyword advertising and trade mark infringement, the importance of fair competition has therefore remained paramount. Recent key ruling On 21 May 2013, the High Court of Justice (England and Wales, Chancery Division) found in favour of Interflora, Inc (“Interflora”) ruling that Marks & Spencer’s (“M&S”), use of the INTERFLORA trade marks by virtue of its successful bids in the Google Adwords programme amounts to trade mark infringement. This brings to an end a four-year battle between Interflora and M&S (Interflora British Unit v Marks & Spencer PLC, Flowers Direct Online Limited C-323-09) and as a consequence, M&S is now prevented from future bids on INTERFLORA trade marks in the Google AdWords programme. It would be fair to infer from this judgment that the use of someone else’s trade mark in keyword advertising will now be more restricted. The Interflora ruling is however very specific because the court found that due to the manner in which the advertisements were displayed, it wasn’t evident to the “reasonably well informed and reasonably attentive internet user” that M&S is not part of the Interflora network of . . .
On the back of a call for innovative and groundbreaking proposals for its 2014 Main programme, the National Arts Festival today announced “satisfying” attendance figures for this year’s arts showcase which came to an end on Sunday. Overall attendance to the Festival was at 211 701, a marginal 7 000 decrease over the 2012 figure, according to CEO Tony Lankester. “Bearing in mind that 2012 was an all-time record audience for the Festival, coming close to maintaining attendance is a major achievement and points to the quality of work our artists are capable of producing,” he said. The rand value of tickets sold increased marginally, by 1.56%. This figure excludes “donations” received by approximately 108 productions which made up the “Free Fringe”. “Over a 5-year rolling average we have seen audience growth of around 20% since 2009. This is a healthy trajectory for the arts and for the economics of arts,” Lankester said. “Annual spikes and drops in audience would be worrying – organic, steady growth over time is a lot more reassuring and sustainable.” On the Main programme, audiences flocked to a variety of performances. “The list of sold out shows on the Main is long, but includes the Gala Concert, Beautiful Creatures, Asinamali, Woza Albert, The Last Moustache, My Name is Rachel Corrie and Pieter Dirk Uys’ two performances. On the Standard Bank Jazz Festival programme, Gloria Bosman, MiCasa, Jonas Gwangwa, Vusi Mahlasela and Standard Bank Young Artist Award winner Shane Cooper were among those who played to packed houses,” Artistic Director Ismail Mahomed said. A series of talks on the ThinkFest programme by music guru Richard Haslop called Richard Haslop’s Listening Lounge, in which he explored topics as diverse as Bob Dylan, Touareg Blues and the accordion were all sold out. So too was the end-of-Festival Pops Concert featuring the Eastern Cape Philharmonic Orchestra conducted by Richard Cock and featuring Zwai Bala. Gold Standard Bank Ovation Award . . .
The Freedom Charter as a Cultural Text forms the topic for a public dialogue to be held on Saturday 20 July at Freedom Park at 18h00. As Raymond Suttner and Jeremy Cronin comment in their book, 50 Years of the Freedom Charter (UNISA PRESS, 2006), The Freedom Charter (FC) not only articulated the nation’s cultural aspirations, but it has had a lasting impact on our cultural discourse. “The Freedom Charter was not only a political event, it was a major cultural milestone. The Freedom Charter recognises both the desire for unity and the rich, cultural diversity of our country”, they wrote. The public dialogue takes place under the auspices of Credo- a ground-breaking multimedia oratorio, which will premiere at UNISA’s ZK Matthews Great Hall in Pretoria, on Nelson Mandela’s 95thbirthday, 18 July 2013. The 67 minute musical testament to the Freedom Charter is presented in celebration of the 140th anniversary of The University of South Africa (UNISA). Founded in 1873 as the University of Good Hope; UNISA became the first public university in the world to teach exclusively by means of distance education; and throughout its rich history has continued to provide all people – regardless of race, colour or creed – with access to higher education. In line with these ideals, UNISA has facilitated these public dialogue sessions. The first was held in April, at which well-known thought leaders Raymond Suttner, Jabulani Sithole, Dr Essop Pahad and Bridget Mabandla were chaired by Brent Meersman and considered the legacy of the Freedom Charter, asking, whether it was “a living document”. Professor Suttner homed in on the words “we the people” and made the point that it depends to what extent we have succeeded as a country in making “the people” present in a participative democracy. Jabulani Sithole described the FC as an “evergreen document”, a benchmark below which we cannot allow ourselves to perform. Bridget Mabandla, former Minister of Justice, said the . . .
The Arts & Culture Trust, in partnership with UJ Arts & Culture, present a conference entitled “Creative Currencies: Accessing Opportunities in an Expanding Marketplace”, from 6-8 August 2013. Thought leaders in the creative sector will gather for an exciting knowledge-exchange, MCed by industry gem Mike van Graan. Focusing on commercial and trade aspects of cultural and artistic endeavour in South Africa, on the continent and globally; it is hoped that the wide-range of delegates will be inspired, educated, and use the opportunity to grow personal networks. “It has become vitally important for the stakeholders of the artistic and cultural sectors to debate matters of mutual concern in an unbiased, independent and structured environment,” said Arts & Culture Trust (ACT) Chairperson Melissa Goba. “The second ACT | UJ Arts & Culture Conference is presented with the hope of improving interrogation into aspects that have an undeniable impact on arts, culture and heritage.” she continued. The three-day conference will kick-off with an exciting presentation by UK cultural strategist, John Newbigin, which considers what the Creative Economy actually is. His address will unpack the history of data collection and measurement of the creative industries, as well as how this has successfully been used in various countries. Newbigin will also interrogate how the creative industries have benefitted sections of society. Continental perspectives concerning aspects of cultural entrepreneurship will be presented by representatives from Nigeria, Kenya and Ghana; who will also interrogate how governments support, or undermine, the development of the creative industries. A panel comprising South African government officials will discuss their interactions with the creative sector. During the course of the last decade, the export of South African creative and cultural services to the European Union has more than doubled. The export of creative goods has, . . .
Hyundai International has won the 2013 Concept Car of the Year Award with their HCD-14 concept vehicle. Johannesburg, South Africa July 2013: Johannesburg based vehicle retailer Group 1 Hyundai (http://www.group1-hyundai.co.za/) has announced that Hyundai International has won the 2013 “Concept Car of the Year” award for their HCD-14 design that debuted at the North American International Auto Show in Detroit earlier this year. The Concept Car of the Year, which is an annual award, honours vehicle designs from around the world that are most likely to shape the future of the automobile industry. This award marks the second time that Hyundai has received this prestigious award, as they also won in 2008 with their Genesis Coupe Concept Design. The Hyundai HCD-14 design beat out competitors that included designs from the Honda and Toyota and was recognised as the technological future of Hyundai. The concept included future tech innovations such as driver eye-tracking and hand-gesture recognition, infotainment and audio upgrades, HVAC, and improved smartphone connectivity functions. More than 20 US based jurors participated in the selection process and 23 vehicles were up for consideration. Go to the Group 1 Hyundai Blog Post (http://blog.group1-hyundai.co.za/have-your-say-in-what-hyundai-builds-next/) to find out more about the Hyundai HCD-14 design. END Press release submitted by Justin Atkins at WSI, Cape Town on behalf of Group1 Hyundai. For more PR information, please call WSI Web Marketing Cape Town on 021-913 4382. URL: http://www.group1-hyundai.co.za/ Twitter: https://twitter.com/Group1Hyundai Facebook: https://www.facebook.com/pages/Group-1-Hyundai/521985357841770 YouTube: Author: Justin Atkins from Group 1 Hyundai. Originally distributed by MyPR.co.za. No of Images Uploaded: None To gain access to None image/s please Like, Tweet or +1 this article: [l2g] Images: The Hyundai HCD-14 Photographer: Hyundai . . .
United Vehicle Services, a South African One-Stop-Vehicle Rental Convenience Shop, continues to build a solid team, filling key positions with industry experts. “We are always in the lookout for talented and experienced employees who will drive us forward as our organisation taps more into the national market,” said Juan Benade, Co-owner & Managing director. “This time, we are extremely pleased to welcome Charmain Gabashe to our Johannesburg office as our Sales Executive for the Gauteng region. She brings a wealth of experience to the company, and we’re most delighted that someone with her credentials has come aboard and will be an invaluable addition to the team,” he said. Gebashe who has worked in the UK for a couple of years, also brings broad experience from industry leading corporations such as the Southern Sun, Avis Car Rental and Value Logistics. United Vehicle Services, which has strategic offices in Johannesburg , Durban and Cape Town (head office), has appointed Charmaine to develop its business in the Joburg area – maintaining relationships with clients, while identifying new business opportunities. “I am delighted to join United Vehicle Services. And, I am convinced that with UVS the sky is the limit. The culture of the company and its employees represents everything I have always prayed for,” says Gabashe. URL: http://www.uvs.co.za Twitter: https://twitter.com/uvs_rent_a_car Facebook: https://www.facebook.com/UVSRent YouTube: Author: Lwazi Mluma from United Vehicle Services. Originally distributed by MyPR.co.za. . . .
A reader has asked the Property Poser experts for clarity regarding the rights and duties of neighbours when it comes to a boundary wall. In this instance, the vibracrete wall is in a poor state of repair, with sections falling over. The reader says he has already spent thousands of rands on repairs, while his neighbour appears completely unconcerned about the state of the wall. He questions whether there is some legislation that would be helpful in regulating the relationship between neighbours when it comes to a common wall. While there is legislation that sets out provisions for the fencing of agricultural land, there are no laws specifically pertaining to this situation, says Sean Radue of Radue Attorneys in Port Elizabeth. "But that doesn't mean that our reader is left without a remedy." Quite clearly, the easiest manner in which neighbours can regulate the upkeep of a common wall is by agreement, says Radue. "This method would spare arguments and permit years of living next door to each other without the burden of disputes about whose responsibility it is to pay for repairs." In the absence of an agreement about splitting the responsibility for a shared wall, Radue says the reader should establish on whose erf it was built. "If the wall is clearly built on one erf or the other, it would typically belong to the owner on whose erf the wall was built." Radue says in cases where it is not clear which neighbour owns the wall, because it is on the median line between the two erven, it would be jointly owned by the two neighbours. If so, says Schalk van der Merwe from Rawson Properties Helderberg in Cape Town, each neighbour would be jointly responsible for his or her portion of the maintenance and upkeep. "Where one neighbour assumes the responsibility for carrying out the repairs, and as long as these are necessary and reasonable, he or she could claim half the expenses from the neighbour." Responsibility for the upkeep of a wall . . .
It is the first time since the inception of the Alan Paton Award in 1989, and the Fiction Prize in 2001, that women have claimed both accolades in the same year. Both writers have won with their debut books. The Sunday Times Lifetime Achievement Award for Literature has also been awarded for the first time. Female writers stole the show at the 2013 Sunday Times Literary Awards, presented in association with CNA. For her literary debut, Endings & Beginnings, popular columnist and radio personality, Redi Tlhabi, was awarded the coveted Alan Paton Award. Karen Jayes claimed the prestigious Sunday Times Fiction Prize with her novel, For the Mercy of Water. Nadine Gordimer, former Nobel Prize laureate for Literature, received the first Sunday Times Lifetime Achievement Award for Literature at the Awards dinner held at Summer Place in Sandton. Tymon Smith, outgoing Sunday Times books editor said, “Endings and Beginnings is a worthy winner of the prize, singled out by the judges for its brave and honest exploration of a life familiar to many South Africans and the way in which its author in her first book unflinchingly tackles the uncomfortable but extremely relevant issue of violence against women.” ‘Endings & Beginnings’ tells the story of Tlhabi’s experience of loving a township gangster, while she was coming to terms with the death of her father and growing up in Soweto. ‘For the Mercy of Water’ is also a debut novel for Cape Town-based writer and journalism lecturer, Karen Jayes. Set in an anonymous, drought-stricken country where places and characters transcend geographic or cultural labelling, water becomes the currency of power, and fuel of corruption. “Karen Jayes' startling, engaging and sophisticated novel was commended by the judges for its original and universal examination of an increasingly important issue in a manner which places South African writing firmly on the global literary map,’ said Smith of this year’s Fiction Prize . . .