ECONOMY

Growth in the Euro Zone seems to be

BUSINESS

A network of Pan African universities, aimed to rival the likes of a Harvard and Yale, is due to come on stream in the next few years. The first is to open in Mauritius and the second in Kenya.
Grade inflation: a recent study has revealed that both Harvard and Yale suffer from an (unwarranted) increase in grades. In fact, the grades at the latter University increased from 1963 to 2008 by 37%. The subject is to wide to tackle in this column; you may wish to take a look at the following website: http://www.economist.com/blogs/freeexchange/2014/08/economics-university-grading

What does a principal do? The South African Standards for Principalship published in GN 37897 defines this as follows: "He or she, working with others in the school and wider communities, must effectively promote, record, manage and support the best quality teaching and learning; the purpose of which is to enable learners to attain the highest levels of achievement for their own good, the good of the community and of the country as a whole."

The social costs of healthy:

PROPERTY

Listed property share prices have rallied about 5% over the past two weeks.

Loos opines that house prices remain unrealistic in the residential property market despite an 18.9% real house price decline since the boom in 2007. He believes the reason for this is that the downward correction in the real house price levels had been stalled by abnormally low interest rates since 2010. He expects a gradual longer term downward real house price

PRACTICE

Have you ever had the experience that, having completed a number of courses at one university, another would not give you credit therefor? This happened to a BProc graduate who applied at the North West University to do an LLB. That august institution, in accordance with its academic rules and the Joint Statute of the Universities of the RSA, approved of by the Minister of Education, was prepared to recognise only 50% of the courses that the graduate had passed at another university. He appealed to our courts under the Equality Act and won the first round. The matter was referred back. We await the result.
Masisi, SCA case number 297/13

CASES

What is the consequence, of a child achieving the age of majority, on a maintenance order?

Ordinarily, the position is that upon the attainment of majority of the child, the parent in whose care the child is, no longer has the locus standi to claim maintenance on behalf of the child.
Haywood [2014] JOL C1970 (WCC)

Suspensive conditions and the coming into effect of a contract

The effect of a suspensive condition on a contract is that the contract is immediately enforceable upon conclusion, but that some of the obligations of postponed, pending fulfilment of the suspensive condition. In this case a contract was concluded and ratified prior to the lapse of the suspensive condition requiring ratification. The effect of this was to retrospectively make the contract whole.
Africast [2014 JOL 30 2 January, 2008 (SCA)

Effect of a shareholders agreement on section 81 of the Companies Act

A shareholders agreement contained a provision that deadlock between the members shall not constitute a ground for the winding up of that company. This was struck down as it was in conflict with the Companies Act.
Navigator [2014] JOL 32101 (WCC)

Rei vindicatio: onus of proof

If you are the owner of a property and someone else occupies that property; you only have to assert your ownership and show that the occupier is holding your property. This shifts the onus of proof to the defendant who has to establish his right to continue to hold against the owner.
Ngobeni [2014] JOL 32104 (WCC)

Extension of schemes: consent

A developer, who had lost his right to develop, was also a member of a scheme. The body corporate sought to sell its right of extension to another. The developer, peeved, and as a member of that scheme, declined to furnish the requisite consent. The court ordered against him, ruling that one could not withhold such approval without good cause in law.
The Avenues [2014] JOL 32120 (SCA)

Estates: action against executor and non-joinder of Master

A plaintiff sued a defendant in her capacity as executor. Amongst other things, the defendant sought to avoid the action by stating that the Master had not been joined. The court found that, whilst the Master must ensure that the executors perform their duties, he does not have an interest in the subject matter of such claims.
MFC v Duna [2014] JOL 32092 (ECG)

QUOTABLES

Liberty is the right to choose. Freedom is the result of the right choice.

WEIRD & WONDERFUL

Innocent? A local attorney was the subject of a probe, where his wife had embezzled money, on the basis that he must have known that his wife could not have earned what she had spent. The same may well be asked of Stone Sizani, ANC Chief Whip.

LIGHTEN UP

You know what I did before I married? Anything I wanted to.
My wife dresses to kill. She cooks the same way. Youngman

My wife and I were happy for 20 years. Then we met. Dangerfield

Any husband who says:

Gentle Reader

She-Who-Must-Be-Obeyed and I will undertake a two-week wine-quaffing and Cedarberg hiking sojourn in the Western Cape. This publication will be suspended for 3 weeks hence.

Daan