WARNING BELLS FOR BUILDING CONSTRUCTION, BUILDERS AND THEIR CLIENTS
Rabe Bouers CC v Chaya (2328/2015) [2020] ZALMPPHC 83 (30 October 2020)
The Housing Consumers Protection Measures Act has a double-edged sword. If the home builder is not registered with the NHBRC, has not paid the fees and enrolled the homes that he’s building for a housing consumer (his client), then the builder may not demand payment from him. By the same token, such non-compliance reduces the housing consumer’s recourse against the NHBRC in the event of poor workmanship. The judgment illustrates the considerations in respect of building construction practically.
The Judgment
Summary of the Judgment
HEIRS – THE FLY IN THE OINTMENT OF DECEASED ESTATES
Govindasamy and Another v Pillay and Others (D7270/2015) [2020] ZAKZDHC 49 (12 October 2020)
This judgment tells the story of a deceased person who, when doing his estate planning, made over the family home to his two children and stated that it may only be sold if both were to agree thereto. It is with reluctance that a court will order that a will must be amended, even where an agreement between the heirs appear impossible to achieve. The application in this matter was successful and the judgment explains the considerations that a court will weigh up in respect of deceased estates before doing so.
