PRESCRIPTION OF RIGHT TO COMPEL RE-TRANSFER
EThekwini Municipality v Mounthaven (Pty) Ltd (1985/2014)  ZAKZDHC 78
(30 September 2015)
When transferring vacant land, a local authority may add a condition to the transaction that if the purchaser does not erect certain buildings on the property within a given period, it is entitled to re-transfer of the property. This is exactly what the municipality sought in this matter. The purchaser however pleaded prescription, arguing that the municipality’s claim was a “debt” and as such had to be brought within 3 years after expiry of the period in which the purchaser had to erect buildings. Was this a “debt” that could prescribe?
REVISED B-BBEE CODE FOR PROPERTY SECTOR
Government Gazette 39341, dated
30 October 2015
A correction Notice was issued on the 30th of last month regarding the Property B-BBEE Sector Codes of Good Practice that appeared in Gazette 39320 of 23 October 2015. The correction notice made it clear that the Code has been released for comment and not for immediate implementation, as the earlier Notice appeared to indicate.
The proposed new Code will apply to the entire spectrum of residential and commercial property enterprises, be it privately or publicly owned, and to related services. On this basis, it has implications for land zoned for development, community schemes, property and facility management, estate agents, property brokers, facility and property management, property valuation and property regulators.
The public/interested parties have 60 days from 30 October 2015 onwards in which to make comment on the proposed new Code.