buchanan’s - stbb · january 2016 | issue 01 of 2016 buchanan’s 1 || buchanan’s brief issue...

January 2016 | ISSuE 01 of 2016

buchanan’s

1 | Buchanan’s Brief | Issue 01 of 2016

Billy Joel’s lyrics for his song Lullaby contain the following words:

“...I promise that I would never leave you, and you should always know, wherever you may go, no matter where you are, I never will be far away...”

The above quote echoes what parents often tell their children; but such things are not always possible. So what then is the standard for the duty

of care that parents hold in terms of the law? This point was canvassed in the recent (and yet to be reported) case of Benjamin Johannes Strydom v Marthinus Wessel Pretorius Strecker and Another (Case No: 3037/2012) held in the High Court, Gauteng Division, Pretoria.

Strydom sued the Streckers for damages when Strydom’s toddler daughter nearly drowned in the fish pond at the home of the Streckers. This resulted in the toddler suffering severe brain damage to the extent that

she can no longer walk or talk. Essentially, the claim was that the Streckers had failed to secure the fish pond and had not warned Strydom (and his ex-wife who was with him at the time) about the dangers thereof. Moreover, it was established that:-

�� the pond was built without the requisite approval of the local authority and was thus illegal;

�� the water in the pond was filled to around knee deep of an adult’s height;

�� the Streckers’ own expert accepted that, due to the fish pond’s design and location, it was a source of possible danger not only to children but also to adults and the elderly.

The tragic circumstances occurred during one of the regular visits by the Strydom family to the Streckers’ home. On this occasion it was to hang biltong and dry wors and to pack and divide game which had been previously shot

By Cris riego De Dios

So called for taking an extreme interest in their child’s safety by constantly hovering, but is that necessarily a bad thing?

HELICOPTER PARENTSInsIde

Helicopter parents

Injured in a road accident?

Home building, Your builder and the NHBrC

STBB, the best in the west

relocation of STBB Stellenbosch office

The Stbb 2Keep-A-Breast MTB Challenge 2015:

An insider’s perspective

A new development law unit and development law publication

New STBB office in Fourways

E-Vault

STBB WISHES YOU A PrOSPErOUS 2016Thank you for your support in 2015. It has been a pleasure helping you reach your goals, and we look forward to being of service to you in the new year. May the year ahead be filled with abundant health, success and contentment.


whilst the parties were hunting at the Streckers’ farm. The four adults had been in the garage processing and packing the meat, and the toddler had been playing in and out of the garage. The near-drowned child was later discovered by Strydom’s ex-wife in the fish pond and was resuscitated by medical personnel at a local hospital.

As a result of the lack of oxygen during this ordeal, the child suffered severe brain damage.

The Streckers’ defence consisted of the following:-

�� the mother of the toddler specifically undertook to take care of and supervise the child;

�� both parents were present at the home at the time of the incident; and

�� the sole cause of the incident arose out of the failure of the biological parents of the child to exercise proper supervision.

The question begs: who was the negligent party in the circumstances?

THE LEGAL ISSUESThe Court had to decide on the following:

�� Was there a legal duty of care on the Streckers in relation to the child in general and specifically, in regard to the possible danger posed by the fish pond?

�� If the answer to the above is in the affirmative, was the warning (if any) given to Strydom and his ex-wife a reasonable warning in accordance with the societal norms or boni mores, or was more required?

THE FIrST qUESTION: LEGAL DUTY OF CArE? The established case law confirms that there exists a duty on a landowner to take all reasonable care to protect persons on his land from any danger arising from the condition of the property. Each set of facts would however differ and would be decided separately case by case.

Further, and in an earlier decision in the Appellate Division (as it was then known), it was recognised that wrongfulness is found in circumstances where the legal convictions of the community require a legal duty to shield others from injury. A particular conduct would be wrongful if it offends the societal norms or legal convictions. This test is objective and must be measured by the values and norms of our society as embodied in the Constitution.

When the Court applied the tests to the circumstances of this case, it concluded that there was a duty on the Streckers to reasonably ensure the child was protected from possible harm vis-a-vis the fish pond. The answer to the first question is in the affirmative.

THE SECOND qUESTION: ANY rEASONABLE STEPS TAKEN?The question of the duty of care and reasonable steps taken thereto was dealt with in the case of Serfontein and Another v Spoornet where the Court concluded that:-

“(t)he reasonable steps to be taken by the diligens paterfamilias in the position of the Defendant would depend upon the circumstances of each case and no hard and fast rules could be laid down.”

In the present case, the testimony emerged that Strydom and his ex-wife were warned orally about the dangers posed to the child by the fish pond. Also, the child had just started walking at the time of the incident; much different to the previous visits to the Streckers’ home. More importantly, Strydom and his ex-wife did admit they were well aware of the danger or possible harm the fish pond posed to the child.

Section 28(2) of our Constitution declares that:-

“a child’s best interest are of paramount importance in every matter concerning the child”.

Strydom argued the Constitutional rights afforded to the child, but the Court rightly affirmed that these rights are not absolute but may, in certain circumstances, be limited. However, the limitation did not have a bearing on the finding that a legal duty existed to ensure the child was protected from harm by taking reasonable steps.

Taking all of the factors into consideration, the Court was of the opinion that the oral warning, coupled with the close proximity of the parents to the child, would have been sufficient to discharge the Streckers’ legal duty of taking reasonable steps to prevent harm. To throw a higher duty of care in the present matter would have resulted in the Streckers having a greater duty than the parents themselves.

On a more macro level, to expect a landowner to go beyond the reasonable means to make his property safe would impose an unfair duty and discourage social interaction with family members and the community at large.

The Court accordingly dismissed Strydom’s claim with costs.

FUTUrE CONDUCTThe above notwithstanding, the facts of this case are tragic. It is a grim reminder that parents always hold a duty of care for their children regardless of the circumstance; and the oft quoted title of “Helicopter Parents” should not be met with disdain.

‘ To throw a higher duty of

care in the present matter would have

resulted in the Streckers having

a greater duty than the parents

themselves.’

‘The established case law confirms that there exists a duty on

a landowner to take all reasonable care to protect persons

on his land from any danger...’

Issue 01 of 2016 | Buchanan’s Brief | 3

YOU CAN CLAIM COMPENSATION IF:

�� You are injured as the driver of a vehicle and the accident was not entirely your fault.

�� If you were injured as a passenger in a vehicle.

�� If you are injured by a motor vehicle whilst you are a pedestrian or cyclist and the accident was not entirely your fault.

�� If your breadwinner passed away as a result of an accident and the accident was not entirely the breadwinners fault.

HOW DO I CLAIM COMPENSATION?If you suffered injury as a result of a motor vehicle accident, it is incumbent on you to submit a claim to the Fund. The forms have specific requirements, depending on whether the injured was a driver, passenger or pedestrian, and each must be completed in a specific manner within a prescribed period of time. More often than not it is further necessary to institute a formal action (by way of summons) within prescribed time frames.

The road Accident Fund Act was amended with drastic consequences for victims of road accidents in August 2008, making it more essential than ever to consult a specialist attorney if injured in a road accident.

SOME IMPOrTANT CONSIDErATIONSIf you have any doubts at all about who was to blame for the accident or whether you have the right to claim compensation, you should seek legal advice.

Timing is of the utmost importance and a claimant should not postpone the decision to lodge a claim. Clients are generally advised to seek legal advice and pursue a claim as quickly as possible. If a claim is not submitted to the road Accident Fund within the relevant two or three year period from the date of the accident and court proceedings not initiated within the five year period, the claim may prescribe and you will not be able to claim compensation at all.

WILL THE CASE GO TO COUrT?Many cases are settled prior to going to court. However, if a fair settlement is not forthcoming from the fund, it may be necessary to go to court.

Timing is also relevant and to finalise a claim satisfactorily may take a long time. The period and necessity to go to trial depend on many factors, particularly the nature and extent of injuries sustained and the experience and ability of your attorney.

WHAT CAN I CLAIM FOr?You may, depending on the circumstances, be entitled to claim the following:

�� Past hospital and medical expenses

�� Future hospital and medical expenses

�� Past loss of earnings

�� Future loss of earnings

�� Under certain circumstances you might also be able to claim damages for pain, suffering, loss of amenities of life, disfigurement and loss of income/earning capacity. This is usually dependant on the severity of the injuries sustained.

If a summons was issued and your claim is successful, you will be able to recover a portion of your legal costs as well.

Compensation in the form of loss of support may also be available to dependants of a person killed in a road accident. Similarly, reasonable funeral expenses can be claimed in certain circumstances by a close family member that incurred the expense.

Speak to our Third Party and Personal Injury Team who will explain in detail to you how such a claim should best be processed.

We often approach the likelihood of being involved in a motor vehicle accident as something that happens to people other than ourselves. However, statistics show that there is a high incidence of road accidents in South Africa and more people than we may think have been involved in such incidents. Even if you are a careful driver, statistics reflect that reckless and negligent driving is commonplace and you could be the innocent victim of such driving.

INJURED IN A ROaD accIDEnT?

Clients are generally advised to seek legal advice and pursue a claim as quickly as possible. ’

‘

By Dawid du Plessis


The Act obliges home builders to register with the Council as part of a regulatory system aimed at protecting consumers from poor

building work. Homes to be erected must also be enrolled with the Council.

How can you ensure you are protected and that your builder complies? Through the NHBrC’s obligatory enrolment process, the protection is automatically acquired and consumers enjoy certain benefits, including a warranty in respect of major structural defects which present within five years after date of occupation, together with warranties in respect of smaller defects. Other benefits include:

�� the requirement that the builder complies with the NHBrC’s Home Builders Manual, which sets minimum quality standards;

�� quality inspections during construction by NHBrC Inspectors - a minimum of four inspections should be carried out and consumers and home builders are encouraged to demand an inspection from the NHBrC during construction; and

�� access to NHBrC-led mediation (and other dispute resolution mechanisms) between the consumer and builder in the event of disputes.

BANKS AND PrOVINCIAL HOUSING SUBSIDY BOArDS INSIST ON PrOOF OF rEGISTrATION WITH THE NHBrC Home builders are obliged to be registered with the NHBrC (as provided for in section 10 of the Act). This is enforced in practice by banks that insist on proof of a builder’s registration and enrolment of the home before they will allow registration of a mortgage bond intended to finance the erection of a home. Provincial housing board subsidies operate similarly.

Specific provisions apply in the case of owner-builders and such individuals should take care of the requirements.

It is in any event to the builders’ own advantage to toe the line. In the March 2015 judgment in Woodglaze Trading (Proprietary) Limited v Matshekga N.O. and Another the builder of 96 homes in a development was fined in respect of each of the homes for which he did not enroll with the Council prior to commencing building works.

CONSUMEr PrOTECTION AND WArrANTIES Certain warranties are automatically afforded to consumers. The Act contains “deemed” warranties

which means that by law a builder must, amongst other things:

�� rectify certain defects that occur in the first three months after occupation;

�� rectify certain roof leaks that occur in the first 12 months after occupation; and

�� rectify certain major structural defects that occur in the first five years after occupation.

The standard of building work guarantees is described as follows in section 10 of the Act:

“(a) the home, depending on whether it has been constructed or is to be constructed-

�� is or shall be constructed in a workmanlike manner;

�� is or shall be fit for habitation; and

�� is or shall be constructed in accordance with-

�� the NHBrC Technical requirements to the extent applicable to the home at the date of enrolment of the home with the Council; and

�� the terms, plans and specifications of the agreement concluded with the housing consumer as contemplated in subsection (1).”

Section 17(1) takes this further and stipulates that the Council must make a pay-out for rectification if a ‘major structural defect’ manifested itself within five years of the date of occupation, in the following circumstances:

�� It resulted from non-compliance with the NHBrC Technical requirements and the home builder has been notified accordingly within that period;

�� the home builder is in breach of his obligations to rectify the defect;

�� the home was constructed by a registered home builder and the home was enrolled with the NHBrC; and

�� the home builder no longer exists, was liquidated or is otherwise unable to meet his or her obligations.

The term ‘major structural defect’ is important and is defined in section 1 of the Act to mean ‘a defect which gives rise or which is likely to give rise to damage of such severity that it affects or is likely to affect the structural integrity of a home and which requires complete or partial rebuilding of the home or extensive repair work to it, subject to the limitations, qualifications or exclusions that may be prescribed by the Minister’.

By Maryna Botha

HOME BUILDING, YOuR buILDER anD ThE nhbRc

NHBrC is the acronym for the National

Home Builders registration

Council created in terms of

the Housing Consumers Protection

Measures Act (‘The Act’).


It is not always a simple task to determine whether a defect constitutes a major structural defect or just a defect resulting from shoddy building work.’

‘

The claim can be entertained to a maximum of “the selling price of the home as declared by the home builder at the time of the enrolment of the home, up to a maximum amount of r500 000” (reg 13).

WHAT SHOULD A HOME OWNEr DO WHEN THErE IS A PrOBLEM WITH A BUILDEr’S WOrK? The housing consumer (home owner) should contact the home builder within three to seven days. The housing consumer can approach the NHBrC if the home builder fails to address the complaint adequately, provided of course that the home builder is registered and that the home was enrolled with the Council.

CASE LAW AND THE qUESTION: ‘WHAT CONSTITUTES A MAJOr STrUCTUrAL DEFECT’? It is not always a simple task to determine whether a defect constitutes a major structural defect or resulted from substandard workmanship. The recent matter of Stergianos v National Home Builders registration Council (October 2012) is illustrative. Stergianos entered into a contract with Herrington Construction CC (‘Herrington Construction’), in terms of which the latter would build a home for Stergianos on a property he owned in Wilderness.

The home was duly constructed and Stergianos took occupation in December 2005.

The home was built on a primary dune adjacent to the Indian Ocean, the erf having a substantial slope with a drop in height of 2,45 metres along the south-north axis of the house itself. During the course of the first year of Stergianos’ occupation of the house, cracks began to develop in the concrete floor slab. These became progressively worse with time and efforts to fill them came to naught as the cracks continued to expand. Stergianos turned to his attorneys for help and a civil engineer was instructed to determine the cause of the cracks. The latter’s opinion was that the cause was structural and that the characteristics of the site signalled that it had to be handled with care. Stergianos was not able to obtain relief from Herrington Construction and he opted to issue summons against the NHBrC, arguing that it was responsible for the rectification of the defects in the home as they were structural in nature, as per the provisions of the Act.

The NHBrC refused the claim and argued that the defect did not occur as a result of a structural defect, but was a result of bad workmanship. The civil engineer who testified as an expert on behalf of Stergianos, testified that the defects in the concrete floor slab of the home were indeed caused by major structural defects in the substructure of the home and consequent incorrect settling of the slab. The NHBrC’s expert, also an engineer, was of the opinion that the cracks were caused by shrinkage as a result of poor workmanship when the concrete slab was poured and the builder’s failure to place expansion joints in the slab where they should have been placed. In his view, therefore, the defects in the slab were not structural in nature. Both experts agreed that, whatever the cause of the cracking, the standard of workmanship of the builder left a lot to be desired. But, on the NHBrC’s expert’s version, there would be no liability for the Council.

The Court, in essence, had to choose between the versions of the two expert witnesses. Finding that both were truthful, it ultimately chose Stergianos’ engineer’s version, taking into account the various tests performed by that engineer to reach his conclusion.

The NHBrC was held liable to rectify the structural defects in Stergianos’ home – subject to the minimum amount prescribed in the regulations to the Act.

THE BUILDEr WAS NOT rEGISTErED WITH THE COUNCIL But beware: if your builder is not registered with the NHBrC, you do not have these warranties. This was confirmed by the Supreme Court of Appeal in Cool Ideas 1186 CC v Hubbard and Another (June 2014) where it held that it would not confirm an arbitrator’s award that was granted in a developer’s favour if the latter was not registered with the NHBrC at the time of contracting. This is because, even though the developer had subcontracted a builder who was so registered, it also had to be registered in order to receive a consideration “in terms of an agreement with a housing consumer in respect of the sale or construction of a home”. One can check a builder’s registration with the NHBrC on their website at www.nhbrc.org.za.

Contact our experts on [email protected] for legal assistance.


The West Coast is a special place. We all know this.And our Blouberg office has been privileged

enough to connect with most estate agencies which operate offices between Blouberg and as far and wide as Velddrif. Melanie Coetzee, branch manager of the STBB Blouberg office, first started with her estate agent training sessions at Langebaan in July 2014. Since then, Bernice Mostert who is an associate attorney at Melanie’s office, together with Simone Stoffberg who takes care of the marketing side of things, have been visiting clients and agencies in a quest to expand the STBB brand up the West Coast.

With persistence, our client base has grown successfully over the last year and our service commitment is spoken about often, especially when the foreign client base is involved, or when challenging conditions present themselves with the drafting of the offer to purchase and the processing of the registration of transfer.

Bernice has also been supporting the agencies there with their preparation for the PDE Exams and has been offering extensive workshops for this purpose. She will continue with these sessions in preparation for future ongoing exams.

recently a very successful year end function was held at Marc’s Beach Bar in Langebaan at which awards were handed out and meaningful social time was enjoyed together.

The team has also been involved in community projects, including the ErA Kinderprinting which was recently held in Malmesbury, and at which event we partnered with ErA Philadelphia in an effort to contribute towards the local community.

We are proud of our growth in this area, especially as these agencies often feel isolated and lack easy access to the expertise offered by a large, national law firm. We look forward to our future contribution to the communities up the West Coast and our continued support for our client base.

sTbb, ThE bEsT In ThE WEsTBy Melanie Coetzee

‘We are proud of our growth

in this area, especially as

these agencies often feel

isolated and lack easy access to the expertise

offered by a large, national

law firm. ’


4. Having passed the traffic lights over Bree, Loop, Long, Burg and St Georges, turn left at the following traffic lights into Adderley Street.

5. The entrance to the parking garage to 5 St Georges appears on your left, just after the pedestrian crossing opposite the Cape Town Station.

The pedestrian entrance is via St Georges Mall, between Strand and Riebeek Streets.

DIRECTIONS

1. Travelling west on the N1, take the right fork towards the Waterfront and Seapoint (this takes you up onto a bridge).

2. As you come down from the bridge, keep in the middle lane to go over Walter Sisulu Avenue.

3. Having passed the traffic lights over Riebeek Street, turn left at the traffic lights into Strand Street.

www.stbb.co.zaUnit F1, Block A, Stellenpark, Business Park CNR R44 & School RD, Stellenbosch, 7600Tel: 021 001 1170 | Fax: 086 541 7085

DIRECTIONS FROM STELLENBOSCH TO STBB STELLENPARK OFFICE

SOMERSET WESTSTELLENBOSCH

R44 / Strand Road

De Zalze Golf Estate

Techno Park

EngenMini Spar

Blaauw-klippen

StellenboschSquare

BaarsmaWines S

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SuperSpar

Eikestad Laerskool

By Hanlie Walker

Due to the rapid growth of their operations in the Stellenbosch area, STBB | Smith Tabata Buchanan Boyes has relocated their Stellenbosch office from 5 Plein Street in Stellenbosch to Stellenpark Business Park on 18 October 2015.

This office also houses their newly established Development Law Unit – see page 10 for more information on this new specialist service.

STBB’s new Stellenbosch premises, with ample free parking, are located on the 1st floor in Office Block A at Stellenpark Business Park on the r44 (diagonally across the road from De Zalze Golf Estate). To reach the entrance, turn off the r44 at the Jamestown Cemetery. Their capable and friendly legal team remain ready to assist you in every which way they can.

RELOCATION Of STBB sTELLEnbOsch OFFIcE

DIrECTIONS TO STBB STELLENPArK OFFICE

FrOM LEFT TO rIGHT: Ghislaine Barends, Madeleine Williams, Guan Potgieter, Annetjie van rooyen, Lani van der Merwe, Corlene Mostert, Annemarie van Vuuren, Jacqueline Linde

HAPPY FEET FOr BrILLIANT MINDS CrEATES A CHrISTMAS MIrACLE

Amongst our many remarkable employees, Mondeka Mabibini, a cleaner at our Cape Town office, stands out for her drive and vision. Mondeka recently formed Eastern Cape romantic Souls (ECrS) which is an initiative for a Community Outreach Project called Happy Feet for Brilliant Minds. The campaign’s first phase aimed to collect and donate 200 pairs of black school shoes for underprivileged children living in the rural areas of the Eastern Cape, where Mondeka originates from.

We put out the call to action, and our generous staff, clients and associates responded by donating more than 300 pairs of school shoes – smashing ECrS’s first target and creating our very own Christmas miracle!

We salute the efforts of this small but brave campaign, and we invite you to join us in supporting ECrS by donating at least one pair (hopefully more!) of black school shoes to the Happy Feet for Brilliant Minds campaign. The shoes can be dropped off at any of STBB’s branches country-wide.

4. Having passed the traffic lights over Bree, Loop, Long, Burg and St Georges, turn left at the following traffic lights into Adderley Street.

5. The entrance to the parking garage to 5 St Georges appears on your left, just after the pedestrian crossing opposite the Cape Town Station.

The pedestrian entrance is via St Georges Mall, between Strand and Riebeek Streets.

DIRECTIONS

1. Travelling west on the N1, take the right fork towards the Waterfront and Seapoint (this takes you up onto a bridge).

2. As you come down from the bridge, keep in the middle lane to go over Walter Sisulu Avenue.

3. Having passed the traffic lights over Riebeek Street, turn left at the traffic lights into Strand Street.

www.stbb.co.zaUnit F1, Block A, Stellenpark, Business Park CNR R44 & School RD, Stellenbosch, 7600Tel: 021 001 1170 | Fax: 086 541 7085

DIRECTIONS FROM STELLENBOSCH TO STBB STELLENPARK OFFICE

SOMERSET WESTSTELLENBOSCH

R44 / Strand Road

De Zalze Golf Estate

Techno Park

EngenMini Spar

Blaauw-klippen

StellenboschSquare

BaarsmaWines S

telle

npar

k B

usin

ess

Par

k

Dor

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SuperSpar

Eikestad Laerskool


I am told that competitors whooped and hollered their way along the manicured trails carved into the Bottelary Hills. That they tackled the many climbs

that make the routes so challenging, and were in due course rewarded with unparalleled views of False Bay, the Tafelberg, Big Bay, and the jagged Helderberg Mountains. I am also told that at the finish - the sun pushing through early morning clouds - families sprawled out over the Overgaauw lawns awaiting or celebrating the return of their loved ones whilst drinking fashionably crafty beer and eating food purchased from any one of the many vendors present. That those children not participating in the short distance races scampered around the dedicated kids area creating excessive amounts of washing for their parents. That the DJ and MC’s worked hand-in-hand ensuring there was no lack of entertainment, and as the afternoon wore on, that wine replaced beer, adrenaline levels dipped and eyelids began to droop, that visitors departed in dribs and drabs satisfied with a day well spent in aid of a cause that few have not been affected by in one way or another.

Of course this is all hearsay. Though I do not doubt the truth of the reports, I was not personally at the finish line to experience all of this happiness. I was out on route touching up markings, rescuing trapped marshal vehicles, attending to the wellbeing of support staff, and just generally running around like a headless chicken. It is surprising how one can prepare months in advance for almost every conceivable eventuality and yet on the day it feels like you may as well have approached the event blindfolded and straight-jacketed. That day my eyes were truly opened to the realities that lie behind the calm facade of a successfully run event.

CYCLING AND MEYou could say I have had a rather one dimensional relationship with cycling events and not being on the startline raring to race was more than unusual. Cycling and I go a long way back. The fairy wheel on my first tricycle lasted but a few hours before I aggressively

cornered it right off the frame and rapidly turned the tri into a bi. After a brief and largely unsuccessful experiment in the world of canoeing I was back on bikes and racing at the age of 9. Since that first return to lycra at the once popular 30km “Tour De Keg,” I have been fortunate enough to compete in almost every race on the now very-crowded local cycling calendar, and have even ventured briefly abroad to participate in a couple of somewhat insane cross country events. My legs have carried me from 6km School Series Sprints right through the cycling spectrum to 4 000km ultra-endurance races.

All the while I have managed to remain blissfully ignorant of the work that goes on behind the scenes long before I arrive at the start line all smooth-legged and chamoised up, and the work that continues long after I get carted away in a satisfied slumber.

SO WHAT’S IN IT FOr ME?The deal has been that I give them (the organisers) my (or more likely my parents’) money and they return to me the value of that money in the form of normally inaccessible routes, shirts, medals, and most importantly, experiential value.

Of late I have found that it is a rare occasion in which I feel that I have truly received “my money’s worth.” I have formulated many theories around this, from legislative amendments right through to corporate culture. However, this is neither the appropriate place nor time to vent them. The important consequence of all these theories, and the many more hits my wallet and confidence in event organisers’ abilities have taken, is that I now compete less but scrutinise more intensely those events I intend attending. Ultimately I will enter a race if I feel that on a balance of probabilities I will walk away from it with the knowledge that I received value exceeding the money I put in. Of course what experiential value might entail differs from one entrant to another and this is partly what makes organising a successful event no small undertaking. A successful event should provide experiential value

THE STBB 2KEEP-A-BREAST MTB CHALLENGE 2015an InsIDER’s pERspEcTIvE By Bruce Hughes

On Saturday 10 October

approximately 1,300 cyclists

and their most ardent supporters

descended upon Overgaauw

Wine Estate for the fifth STBB

2Keep-a-breast MTB challenge and family day.

‘ That those children not

participating in the short distance races scampered

around the dedicated kids

area creating excessive

amounts of washing for their

parents. ’


The sequence of manicured trails that followed thereafter, snaking their way through thick indigenous forest, fynbos, and wooded plantations had me holding one hand onto the brakes in a death grip and the other onto my jaw preventing excessive bruising as it repeatedly dropped onto my handlebar. I was sold. ’

‘to all competitors regardless of the elements that they perceive to be most important in creating value

Since my participation in events is based on a love of riding bicycles (and fast!), of the outdoors, and possibly most importantly, of pushing myself to the very edge of my perceived limits, experiential valued for me is inevitably underscored by the quality of the route I ride and less the material items (medals etc) that I get given as a return on my physical and monetary investment. Completing a challenging route is its own reward.

It is with this background in mind that I begin to really tell you about an event that has, in my mind, no peers.

HUMBLE AMBITIONSWhen I started my candidacy at STBB this year it was only natural that I requested a position on the mountain bike event’s organising committee. I had not had the opportunity to participate in the event prior to this year, usually clashing with exams and/or an all out assault on the Hansa Fish river Canoe Marathon (emphasis on the Hansa, not the marathon). However, I believed that my experiences in the industry would be of some value to the committee. Naively I also believed that my own participation would be limited to a few meetings, some consulting, perhaps some emailing, and then an opportunity to race in company kit, in front of my colleagues, with home ground advantage, thereby covering myself in glory and praise. What transpired was something entirely different.

In the end what I experienced was a peek behind the curtain I had ignored most of my cycling life, a taste of the grass on the other side of the fence as it were. I was blown away from my very first interaction with the event.

AND THEN THINGS GOT rEALOn a misty Saturday morning I met route designer Braam Louw for a tour of the routes that would become my home and playground for many weekends before the race. Not having heard of the Bottelary Hills trail network, I was not expecting much from an area I had previously presumed to be an industrial wasteland. However, as we crested the first climb the mist burnt away backwards down the hill and the Helderberg mountains reared up in its stead like so many shark fins through foamy water. Away to my left the Devon Vallei rolled towards Helshoogte, covered in yellow and orange autumn vines. The sequence of manicured trails that followed thereafter, snaking their way through thick indigenous forest, fynbos, and wooded plantations had me holding one hand onto the brakes in a death grip and the other onto my jaw preventing excessive bruising as it repeatedly

dropped onto my handlebar. I was sold. Every time I returned to this secret place in the hills I found some other reason to enjoy being there. I have watched the vines turn from gold to dead and back to luscious green life and there has not yet been a time I have not stopped on top of that hill overlooking Devon Vallei and simply taken a moment to soak it all up.

When not out on route I was invariably engaged in a meeting with the rest of the committee or reading one of the many thousands of emails that flew between us on a daily basis like paper planes in a grade 3 class. Organising this event, it turns out, is not a hobby, it is not even a second job, it is a third, fourth, and in the week leading up to the event, a fifth job as well. How the committee have managed to hold this event at the level it has been for four previous years whilst maintaining a life, nevermind a demanding job, is beyond me. There were more hours of preparation put in by each member than I have ever put into actually competing in an event and looking at us after all was said and done, I think we could have easily been mistaken for competitors, so tired were we. I have competed in events which have imposed minimal amounts of sleep between extremely long days on the bike and yet I found the few days leading up to the event pushed me close to my limits.

SO WAS IT WOrTH IT?reflecting on the event as the last revellers left the venue that day I had to ask whether, notwithstanding the whooping riders and the picnicking families, I personally thought it had been a success. This meant simply asking whether we had created value on a number of different levels. If so, then we had achieved something increasingly few were. Having seen the offering from registration to prize giving, I could not doubt that in every respect the event had offered value far in excess of the entry fee. Something unique and special had been created, and leaving the venue in a sleep-threatening daze I must admit that for the first time I was more than happy that I had not ridden and that I had instead had the opportunity to step behind the curtain

dividing competitor and organiser. I can’t wait

to do so again in 2016.


WHY WAS THE DEVELOPMENT LAW UNIT FOrMED?STBB’s new Development Law Unit (DLU) came into existence in April 2015. The ground-breaking initiative was timed to coincide with changing legislation and processes relating to land development, implemented from 1 July 2015 onwards, such as the coming into effect of the Spatial Planning and Land Use Management Act (on national level) and the gradual implementation of the Land Use Management Act (Western Cape Province).

The unit was warmly received by developers and welcomed by the Western Cape Department of Environmental Affairs and Development Planning.

WHAT IS ITS FUNCTION?Essentially, the department’s role is to function as a vital watchdog and one-stop-shop for developers, from inception until successful completion, both strengthening the developer’s position and reducing time taken for approvals.

We believe that we are better placed and equipped than any other law firm to furnish specialist legal advice to property developers, development consultants (townplanners, environmental consultants, engineers, architects etc), local authorities and financial institutions.

Typical instructions

�� Legal Opinions

�� review Applications

�� High Court Declarators

�� Interdicts

�� Internal Administrative Appeals: NEMA, LUPA, SPLUMA

�� General Advice on Development Law Matters

WHO FOrMS THE UNIT?The Development Law Unit has nine senior professionals addressing all requirements of land development in the various applicable areas of law.

Directors:

�� Martin Bey

�� Allan White

�� Corlene Mostert

�� Cris riego De Dios

�� Stoffel Ackermann

�� Warren Hamer

�� Philip Steyn

�� Annetjie van rooyen

Associates:

�� Madelein Williams

�� Maryna Botha (Head of research Group)

�� Annemarie van Vuuren

Our resident Development Law expert:

�� Andre Swart (Consultant) – an admitted attorney, notary and experienced conveyancer with vast experience in local government law as well as property, planning, administrative, environmental and water law. Andre holds a LLM degree from the University of South Africa with planning and environmental law as major subject, as well as a certificate in local government law and administration from the University of Pretoria.

Legal fields of expertise covered by the Unit

�� Property Law

�� Planning Law

�� Environmental Law

�� Local Government Law

�� Construction Law - Specialist Construction Law Unit (Stoffel Ackermann)

�� renewable Energy Law (Warren Hamer)

�� Water Law

�� Associated legal fields: Constitutional Law, Administrative Law, Expropriation, etc

a nEW DEvELOpMEnT LaW unIT anD DEvELOpMEnT LaW pubLIcaTIOn By Maryna Botha

STBB’s Development

Law Unit came into

existence in April 2015.


WHErE IS THE DLU TEAM BASED?Although permanently based in Stellenbosch, the DLU does not function separately or distinct from the other departments or disciplines in STBB. It supports the various in-house legal teams and focuses on adding development law expertise to the STBB professional team. The STBB Development Law Unit’s address is:

Unit F1 Block A Stellenpark Business Park Cnr R44 & School Road StellenboschT: (+27) 21 001 1170 F: (+27) 86 541 7085

Visit www.stbb.co.za for assistance with development planning, ideally before land is purchased for development purposes.

THE NEWSLETTEr: DEVELOPMENT LAW UPDATE With the launch of this prestigious Unit we also introduced a new publication, the Development Law Update. It is a monthly newsletter which provides a snapshot of important news, cases and legislative happenings reported each month and which impacts on development law, municipal and planning law, environmental law, property and conveyancing. The Development Law Update keeps developers, planners, surveyors, architects and municipal land planning officials informed of daily judgments and all legislative developments.

Should you wish to subscribe to receive this informative publication for free every month, please email us at [email protected]

On the 17th of September 2015, STBB opened a new branch on the buzzing corner of William Nicol and White Hills Boulevard in Fourways.

The new Fourways branch is headed by conveyancer Margeaux Maritz, ably supported by a team of dedicated and experienced legal

professionals and administrators who are waiting for your call.

Please feel free to drop by for a cup of coffee when you’re in the area and meet the Fourways team.

nEW sTbb OFFIcE In FOuRWaYsBy Hanlie Walker

Essentially, the department’s role is to function as a vital watchdog and one-stop-shop for developers, from inception until successful completion, both strengthening the developer’s position and reducing time taken for approvals. ’

‘

FrOM LEFT TO rIGHT: Anastasia Haji-Pavlou, Thobeka Moyo, Vanessa Christelis, Margeaux Maritz


We welcome your feedback and invite you to contact us at

[email protected]

Contributors: Maryna Botha, Cris riego De Dios, Dawid du Plessis, Bruce Hughes, Melanie Coetzee, Hanlie Walker

Editor: Hanlie Walker

Design: Infestation

021 461 8601 www.infestation.co.za

[email protected] www.stbb.co.za

Cape Town 021 406 9100

Claremont 021 673 4700

Fish Hoek 021 784 1580

Somerset Mall 021 850 6400

Stellenbosch 021 001 1170

Blouberg 021 521 4000

Tyger Valley 021 943 3800

Menlyn 021 348 1682

Illovo 011 219 6200

Fourways 010 001 2632

Centurion 012 001 1546

Bedfordview 011 453 0577

DISCLAIMEr: This communication is subject to the disclaimer of

STBB | Smith Tabata Buchanan Boyes which can be found at

www.stbb.co.za/info/disclaimer

This system replaces the old system of archiving paper documents in a physical storage facility, which had many challenges such as paper documents fading and disintegrating over time, and also high storage and retrieval costs.

The e-vault system ensures instant availability of your electronic legal documents when you need them, for instance for capital gains tax purposes when you sell your property, at no additional cost!

A nominal charge allows you access to our public STBB folder to which we will upload your

legal documents , but also a personal folder, to which STBB will not have access, where you can store your will, your FICA documents and any other relevant private documents of which you wish to keep an electronic and secure copy.

In line with our objective to remain on the cutting edge of technology, STBB is proud to be the first legal firm in South Africa to be offering the e-vault service to our clients – always serving and simplifying, with more than just the paperwork!

STBB’s innovative new e-vault service now offers clients secure electronic archiving of legal and personal documents, such as transfer and bond documents.

E-VAULTBy Hanlie Walker

On 1 December a huge group of STBB colleagues, under the motivation of Rosaline Cleinwerck, took part in the Community Chest’s Twilight Run for various educational charities. Well done to all participants!

TWILIghT Run

buchanan’s - stbb · january 2016 | issue 01 of 2016 buchanan’s 1 || buchanan’s brief issue...

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