OTC Advisory Services

OTC Advisory Services We are a consultancy with expertise in Agriculture, Paralegal Services, Project Proposal, and Dissertations.

25/01/2023

SITUATION & MINDSET

How to cope with situations without letting them affect you too much?

Our situations in life influence how we feel in life. When we allow our situations to control us, we experience a significant fluctuation in our emotions.

When our mind fluctuates between the two extremes of life, we feel overjoyed when things work in our favour and restless when they don't. But, when we balance our minds, we limit the influence of external situations and have a steady and pleasant experience of life.

To create this balance, accept life as it comes. In the moment of happiness, be grateful but remain humble. In the moment of sadness, keep the faith, don't overthink and remember situations always change.

No matter what happens life is still beautiful, Arise and chase your dream as we continue championing excellence in agriculture.

GOOD MORNING, FARMERS, INVESTORS, CHAMPIONS GREEN 🏆 MONEY IS A PAIN KILLER

Written by Dr Raphael Banda

23/01/2023

Legal Matters with Arthur Marara

The concept of huur gaat voor koop is found under the Roman Dutch law principle which pertains to property.

It simply means that hire takes precedence over sale.

It means that where the seller entered in a lease agreement prior to the sale, the tenant is protected from eviction where the property is sold to a third party.

The tenant is entitled to remain in occupation of the property until his/her lease expires.

[See: W & D Consultants (Pty) Ltd v Doran 2015 (1) ZLR 912 (H) at 923C- G DUBE J]

The law effectively substitutes the buyer for the seller as lessor and, as long as the lessee fulfils his/ her obligations, the seller cannot evict the lessee. No new lease comes into existence between the new lessor and the lessee, and there is no need for a cession of rights or an assignment of obligations. [See Genna-Wae (Pty) Ltd v Medio-Tronics (Natal) (Pty) Ltd [1995] 2 All SA 410 (A)].

‘Huur gaat voor koop’ only applies where the property is alienated (for example, sold, exchanged or donated) and not, for example, where the owner’s rights are transferred as a consequence of expropriation.

It, therefore, only applies if there has been a succession of rights.

The purchaser (or the other person in favour of whom such property has been alienated) therefore cannot evict the tenant, but is obliged to abide by the lease.

The owner of the immovable property (new owner) is thus prevented from transferring rights to another (which the tenant enjoys).

No new lease comes into existence between the new landlord and tenant.

Nor is there a need for cession of rights or an assignment of obligations.

The lessor may not necessarily require the consent of the lessee to sell, and, in the event of a sale, the lessee’s rights are protected.

Essential elements to be proved

In the case of W & D Consultants (Pty) Ltd v Doran 2015 (1) ZLR 912 (H) at 923C- G DUBE J, the court held that: “A tenant wishing to rely on the concept should show that h

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