Editorial: Issue 3

Welcome to another edition of our monthly newsletter.

On 18 July 2016 Mr. Nelson Rolihlahla Mandela would have turned 97 years old. De Klerk & van Gend will be celebrating Madiba Day by providing the Haven night shelters of Bellville, Cape Town, and Claremont with non-perishable food packages, collected and packed by our staff.

Although not quite as old, De Klerk & van Gend turned 94 years old this year! We fully embrace our new democratic dispensation and are concerned by recent threats to the independence of our judiciary. We are, however, mindful of the protection that our country’s constitution affords to judicial independence.

Our conveyancing department recently visited the Western Cape Provincial Archives in Roeland Street, Cape Town.  The  Archives and Records Service collects, manages and preserves records that form part of our archival heritage dating from 1651 when the first colonial settlement by the Dutch was established. We were shown volumes of archived Transfer Duty receipts, (see picture). Currently our conveyancing department obtains Transfer Duty receipts electronically and bound records are something of the past.

Regrettably, old property records, such as Title Deeds, are not kept in the Archives. They are kept by the Deeds Office, but not under archival conditions. The records are important, not only because they provide a record of our heritage, but also because they contain applicable conditions of title that are fundamental to property rights. Important records are in danger of being damaged or lost. We feel that the old records should be transferrd for safekeeping to the Archives and will be motivating for this to happen.

We wish our Muslim clients, staff and colleagues a blessed Eid…..

We welcome CJ Grey to our firm. He has joined our Bellville branch’s litigation department as an associate.

We hope you will enjoy the rest of the newsletter and welcome your feedback.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.