ECONOMIC REVIEW

Trade unions have called for higher minimum wages. The international minimum wage is typically 40% of the national average wage level of the relevant country; in South Africa this is closer to 20%. The minimum living level is said to be about R4500 to R5500 per month.

Prescott, the 2004 Nobel prize winner, showed that the higher the effective marginal tax rate, the fewer hours people put into work. To certain extent this appears to explain virtually all the large differences between the US labour supply and that of Germany and France

BUSINESS REVIEW

An interesting development will come from the Chamber of Mines which has approached our courts for guidance on the interpretation of

PROPERTY REVIEW

Safcol reports that 60% of the land, that it manages in South Africa, is subject to land claims.

Accelerate Property Fund plans to turn the Fourways Precinct into a superregional shopping centre which may well rival Sandton.

Lightstone reports that the South African commercial market remains buoyant despite the general domestic property market being sluggish.
Andrew Golding says that our general residential property market remains resilient. Resilient? I assume this to be estate-agent-speak for holding its own?

PRACTICE REVIEW

Who is your daddy? I was asked an interesting question by John: will the non-biological father of a child be able to sue his wife for return of maintenance paid by him or would he have an action against the biological father for the costs of maintaining his child. Would anyone venture a comment?

Our criminal justice system provides, in section 77 (6) (a) (ii) of the Criminal Procedure Act, for the detention, of amongst others, children, with a mental illness in certain institutions. This provision was declared invalid and substitute provisions made by our Constitutional Court. For specialists
De Vos CCT case 150/14

CASES

Confessions versus admissions

This really is not my field, but for those involved in criminal law, the case below might be of interest. It discusses the difference between statements, which are admissions, as opposed to confessions.
Molaudzi CCT case 42/15
In the same tenor is a Constitutional Court case on extra- curial admissions of an accused in which it was decided that such admissions involving a co-accused was not admissible.
Mhlongo CCT case 148/14

Instalment sales

A further case on instalment sales deals with a property sold on instalments but where no recordal under section 20 of the Alienation of Land Act was made. The purchaser had paid more than 50% of the price and demanded transfer. This was not given and the seller cancelled and sued for eviction. The court decided that the effect of non-recording does not invalidate the contract and eviction was granted.
V [2015] ZAGPJHC 102

Substitution orders and PAJA

In this case the IDC had reached a foregone conclusion, which was unfair, after considering tenders. The question was whether the court could substitute its order for the order of another decision maker. A court should be slow to usurp the functions of an administrative body by making a substitution order but, in given circumstances, this may be applied.
Trencon CCT case 198/14

PAJA and compensation

In another case, dealing with PAJA, the Constitutional Court dealt with a claim against the local authority where the court had set an administrative action aside and remitted the matter back for reconsideration by the decision-maker, it was decided that the remedy of compensation is only appropriate where the aggrieved party will not enjoy a reconsideration of his administrative application nor obtain the benefit of a substituted administrative decision by the court.
Simcha [2015] JOL 33265 (SCA)

Non-attorney appearing in court

If a non-attorney or advocate appears in court

QUOTABLES

Yiddish proverbs:
The wise man, even when he holds his tongue, says more than the fool when he speaks.

You can

LIGHTEN UP

A truck carrying copies of Roget