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INTERESTING ARTICLES & CASE LAW

A critical evaluation of the RABS Bill and the common law right to delictual claims

By Prof Hennie Klopper

In April 2017 the Minister of Transport gave notice in the Government Gazette (GenN 302 GG40788/18-4-2017) of the intention to introduce the Road Accident Benefit Scheme Bill, 2017 (RABS Bill) into Parliament in terms of r 241(1)(b) of the National Assembly. The RABS Bill excludes non-patrimonial benefits. It has been suggested that the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) presents a basis for RABS justifying the abolition of non-patrimonial compensation and the common law right to recover statutory regulated insufficient compensation. This point of view calls for critical evaluation.

Land restitution: Lawful occupiers right to just and equitable

By Yashin Bridgemohan

Section 35(9) of the Restitution of Land Rights Act 22 of 1994 (the Act) provides: ‘Any state-owned land which is held under a lease or similar arrangement shall be deemed to be in the possession of the State for the purposes of subsection (1)(a): Provided that, if the Court orders the restoration of a right in such land, the lawful occupier thereof shall be entitled to just and equitable compensation determined either by agreement or by the Court.’

What does ‘fair wear and tear’ mean in the context of a lease agreement?

By Madeleine Truter

The phrase ‘fair wear and tear excepted’ is commonly used in lease agreements. It is, therefore, essential to understand what the phrase really means. In order to understand the meaning of ‘fair wear and tear’, it is helpful to distinguish ‘fair wear and tear’ from ‘damage to the leased premises’. ‘Fair wear and tear’ refers to the deterioration in the condition of the leased premises, caused by normal, everyday usage during the period of the lease.

“The contents of these articles is not necessarily the view point of PMINC CARLETONVILLE, please contact us for advice”

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