EAAB TAKEN TO TASK TO ISSUE FFCs ON TIME
Real Estate Business Owners of South Africa NPC and Others v Estate Agency Affairs Board and Another (3968/2021) [2021] ZAGPJHC (15 March 2021)
Persistent hitches at the Estate Agency Affairs Board with the timeous issuing of estate agents’ Fidelity Fund certificates gave rise to this urgent application. For the estate agent industry the successful outcome was a life line, as they may not practice without this certification. Apart from highlighting the challenges agents face, the Court also ordered the Board to revert with a report on its IT functions within 30 days, the latter identified as the cause for the delays.
The Judgment
Summary of the Judgment
REMEDY TO GET BACK WHAT YOU THOUGHT WAS YOURS HAS LIMITATIONS
Monteiro and Another v Diedricks (1199/2019) [2021] ZASCA 15 (2 March 2021)
X and Y have commenced legal proceedings regarding the ownership of a luxury car. When X took the vehicle to his dealer for its usual service, Y (a company) got wind of this and sent its employees to collect the car keys. Within 24 hours Y had sold the vehicle to an innocent third party. Readers of this publication will recall the many instances reported where a person who has been dispossessed of something, unlawfully, may ask a court for a mandament van spolie, a remedy which is aimed at restoring the position that was, whatever the merits, as no-one may take the law into his own hands. Will it be available in the present matter against the dealer and the director of Y, where the vehicle was sold in the meantime?
