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What are the requirements for the removal of an executor and/or executrix from his/her office?

What are the requirements for the removal of an executor

Introduction
During the administration of a Deceased Estate, conflict can often arise when there is an Executor and/or Executrix who does not properly carry out his or her duties.

This can impact the administration of the Deceased Estate greatly and can frustrate the Heirs of the Estate concerned who place their trust in the Executor and/or Executrix to administer the Estate competently and to finalise it within reasonable time.

In terms of Section 54 of the Administration of Deceased Estates Act 66 of 1965 (hereinafter referred to as the “Act”), an Executor may be removed from his or her office at any time either by the Master of the High Court or by a Court.

It is also important for the Heirs of Deceased Estate’s to note that they cannot remove and Executor and/or Executrix from his or her office as a result of mere break down in relationship or disagreement and the requirements in terms of the Act need to be complied with.

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It’s all about Love

Its all about Love

As we head into February, which is traditionally known as the ‘Month of Love’, it can often be a stressful time for many. This is because we have experienced pain in the area of love and have therefore shut off or closed down our hearts; or even put walls up around our hearts.

While there is absolutely nothing wrong with this - as we all do the best we can with the emotional and other resources we have available to us at any specific time - it does affect how we currently experience all of our relationships and those we attract in the future.

It is not just about romantic love.

This notion is already steeped in discord in so many ways through societal conditioning and outdated attitudes which we have taken on from our parents, siblings, friends, peers, teachers, etc.

I am talking about Unconditional Love - the very fabric of the Universe which weaves everything into a cohesive Whole. In this love there is no duality, no separation, no judgement or prejudice. It is about living in the absolute knowing that we are all interconnected on many levels and what each of us does, affects others and the Whole.

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I pay levies to the Community Schemes Ombud Service - Why and how?

I pay levies to the Community Schemes Ombud Service

Introduction
Quite a few people in South Africa currently live in housing schemes like sectional title development schemes, share blocks, home or property owners' associations and housing co-operatives. In these schemes, the use of and responsibility for land and buildings are shared.


To improve the management of these types of housing schemes, the Community Schemes Ombud Service Act No. 9 of 2011 (hereinafter “the Act”) was brought into force on 7 October 2016. The regulations, and the Act itself, were drafted with the purpose to provide a dispute resolution mechanism, to promote and monitor good governance and to provide education, information, documentation and services to raise awareness of persons who have rights and obligations in community schemes.

Generally, people are aware of the existence of the Community Schemes Ombud Service (hereinafter “CSOS”) and that levies must to paid to fund the CSOS’ operations. Homeowners probably noticed an extra R 40.00 (or close thereto) being charged to their levy accounts. But there is still confusion on why and how.

Why must I fund the CSOS?
By way of example, in October 2016 a hostage drama in a residential estate in Moreleta Park, a suburb near Pretoria, made headlines. By the time it was resolved, four people were declared dead. On further investigation, it was found that residents all knew that the hostage-taker had a history of run-ins with the neighbours and that the shooting that followed was triggered by a dispute over a wall he had built without the permission of the Body Corporate of the scheme.

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Taking time out to regroup, realign and energise you and your mission

Taking time out

So about 3 weeks ago I was asked to accompany a client to a venue in the Karoo for a venue reccee and event coordinators meeting. So, bright and early on the Monday morning myself and Sibylle Stehli head off in her little white 'Be Free' chariot. The trip was done in about 3 hours from Cape Town to Touwsrivier - and what a magical road trip it was.

The trip was over before we knew it - because as usual we jacked up a storm from start to finish - only stopping for the obligatory road-trip coffee in Worcester. I just knew from the beginning that this trip would be something special. I'm a pretty private person - so being in close proximity with another person for a few days was bound to be interesting for me in the first place - but I needn’t have worried - Sibylle was a gas to be with - funny, light-hearted and interesting chats were held about the scenery, her life and her work as well as our hopes and dreams about the year ahead of us. We arrived at our destination Gecko Rock Private Nature Reserve at about 11 am, not too much worse for wear - in fact rearing to go.

I must at this point say - that as I pulled in through the big front entrance gates to Gecko Rock Private Nature Reserve my soul took a deep and soulful breath. It felt like something internally changed gear and as we rode through the reserve's grounds making our way to the main house and reception area - I truly understood the words "peace and tranquility'. Not a sound outside - barring the Karoo morning breeze - nothing moved outside - just our little chariot along the dusty road...oh, we did see the odd bird, bokkie and lizard - but all and all - you pretty much get the feeling that you're all alone out there. And you know, that pretty much had me trembling inside - not out of fear but perhaps a bit of 'post traumatic release' - all the stress and busyness was leaving my body and the only available replacement was nature, peace, tranquility and the magic that is the Karoo.

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Consumer rights vs retail policies when returning goods

Consumer rights vs retail policies when returning goods

Introduction
The Consumer Protection Act No. 68 of 2008, as amended, (hereinafter the “CPA”) was introduced with the main goal being the protection of the rights of consumers. However, although many consumers are aware of the existence of the CPA, not many are familiar with the actual rights set out therein which provide the regulations regarding defective goods and return policies.


The CPA brings about a change to the South African law as it includes the requirement that goods must be useable and durable for a reasonable period of time. This embodies a right that was not recognised under the common law.

In simple terms, a consumer has a right to continued good quality, and if this fails, the right to return the goods.

What about specific retail policies?
Consumers often come across specific return policies, i.e. 7 days or 14 days. However, in terms of the CPA, these policies have no basis.

Firstly, Section 55(2) of the CPA provides as follows:
“Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that—
(a) are reasonably suitable for the purposes for which they are generally intended;
(b) are of good quality, in good working order and free of any defects;
(c) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
(d) comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation”


Section 56 of the CPA deals with what is known as an 'implied warranty of quality', which essentially provides that, within six months after the delivery of any goods to a consumer, the goods may be returned to the supplier, without any penalty to the consumer.

Section 56 (2) goes further in stating that the returns are at the supplier’s risk and expense if the goods failed to satisfy the requirements and standards set out in Section 55, and the supplier must, irrespective of the supplier’s policy, repair, replace or refund the full price paid for the returned goods.

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