Resident’s Voice WHO GETS TO CHOOSE THE CONVEYANCING ATTORNEY
AUGUST 2020
POPIA: COMMENCEMENT OF 1 JULY 2020
This magazine is designed & published in partnership by :
Important Numbers Estate Contact details POPIA: COMMENCEMENT OF 1 JULY 2020 AND D-DAY OF 1 JULY 2021 Electric Fence Additions Notice of new security service provider What are the consequences of a payment holiday on my home loan? Recipe of the Month Who gets to choose the conveyancing attorney?
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A division of GLOVent Solutions www.glovent.co.za | chandi@glovent.co.za
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ADVERTISING ENQUIRIES
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Tel: 072 386 7347
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Disclaimer: This eMagazine is produced especially for residents of Wierda Glen Estate to provide updates and useful information. It is produced by GLOVent Media & black marble media on behalf of the Wierda Glen Estate . Although every effort is taken to ensure accuracy of content, Wierda Glen Estate HOA and/or the Publisher, cannot be held liable for any inaccurate information, and may not agree with all opinions expressed in this publication.
IMPORTANT NUMBERS
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Important Numbers Estate Office: Estate Office Cellphone:
012 653 0746 082 853 4220
Security: Response Vehicle: Control Room-East Gate:
082 947 7635 012 653 5109
ESTATE CONTACT DETAILS Operations Manager: Gerhard Eybers (boardroom@wierdaglenestate.co.za) Commercial Officer & Company Secretary: Laurike Fourie (fincontrol@wierdaglenestate.co.za)
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OFFICE HOURS Mondays - Thursdays: 07:30 - 16:00 Fridays: 07:30 - 15:00 Office Cellphone Number: 082 853 4220
Accounts: Jolanda Badenhorst (accounts@wierdaglenestate.co.za) Reception: Vanita Roets (office@wierdaglenestate.co.za)
POPIA: COMMENCEMENT OF 1 JULY 2020 AND D-DAY OF 1 JULY 2021
The much-anticipated Protection of Personal Information Act, 2013 (POPIA) will commence on 1 July 2020. However, this is not cause for panic because this is not the date from which you will be penalised if you do not comply. From 1 July 2020 you have 12 months to comply with POPIA. Therefore, if POPIA applies to you, now is the time to get your house in order as you will need to be compliant by 1 July 2021. 5
https://nvsinc.co.za/popia-commencement-of-1-july-2020-and-d-day-of-1-july-2021/
What does this mean practically? What steps must be taken forthwith? We suggest following the seven steps set out below. The first step is determining whether you need to comply with POPIA. This step involves determining whether POPIA applies to you because if it does not apply to you, you do not need to comply. Once you have determined that POPIA applies to you, the second step entails having a meeting or conference call with all your stakeholders to gather information and understand the business areas in terms of the application of POPIA, for example, client data, human resources, record management etc. The third step involves conducting an audit in respect of all your current
systems and procedures. This audit is usually conducted by completing a questionnaire in respect of POPIA and preparing a list of items to be audited, such as, for example, job application forms, employment agreements, policies, terms and conditions, servicelevel agreements etc. This can be a time-consuming process but remember that you still have 12 months to comply with POPIA! This step is critical and should not be rushed. It is also advisable to seek professional assistance to ensure that a meticulous review of all documents is conducted. Once you have identified and reviewed
the documents that need to be POPIA compliant from the audit in step three, the fourth step involves amending these documents to make them compliant with POPIA. Professional assistance in this regard is also advised. The fifth step is a risk assessment and involves assessing the need to develop and implement further policies, procedures and terms and conditions (that is, in addition to the existing current documents) for example, a privacy policy, consent policy and forms, data access policy, security breaches policy etc. The sixth step is preparing for POPIA implementation by drafting a POPIA manual or guide in plain language and drafting of a model consent clause template. The final step is preparing the Information Officer role. This step involves setting up a framework for managing internal POPIA compliance procedures, escalation channels, committees etc. The Information Officer should also be trained in his/ her role and responsibilities in terms of POPIA. 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. Errors and omissions excepted (E&OE)
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ELECTRIC FENCE ADDITIONS As previously communicated in newsflash 91 the installation of an additional freestanding and extended split fencing have since been completed on sectors 9 to 13 of the current electric fence. We have not received any reports of security incidents since the completion. We urge residents to remain vigilant; secure your valuables and property to the best of your ability. 7
NOTICE OF NEW SECURITY SERVICE PROVIDER G4S Secure Solutions (SA) (Pty) Ltd has been appointed to be the manned guarding service provider to Wierda Glen Estate and their services will commence officially on the 1st of September 2020. Though their contact with us will be based on manned guarding services, they are also able to offer us an end-to-end solution by harnessing the power of technology. 8
G4S is a leading global integrated security company specialising in the provision of security products, services and solutions with a history dating back to 1957 in South Africa and even further internationally. G4S (SA) Head Office and National Control Centre are based in Centurion.
WHAT ARE THE CONSEQUENCES OF A PAYMENT HOLIDAY on my home loan? By Stacey Bartlett
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“Many people are saying that you can get a payment holiday on your home loan to help you during these difficult economic times. I’m just worried there’s a catch and I end up with a different interest rate or longer loan period or maybe even more instalments in the end. Is there a catch?”
with their bank and are not in arrears on their home manage such higher repayments in the future. loan instalments. On the other hand, increasing the length of the term on your home loan for example by extending the term with So what happens if you are granted a payment an extra three months, may result in a smaller increase holiday? For the period of the payment holiday you in your monthly repayments after the payment holiday, will not have to pay or pay a smaller amount on your but you will be paying your home loan back over a Requesting a payment holiday on your mortgage loan home loan. Once the payment holiday is over there longer period and as a result pay more interest because can assist your current cash flow position by allowing could be an increase in your monthly repayment if you the term is longer. you to stop or reduce your monthly payments in most prefer to defer payments over the current term of your instances, for up to three months and providing a much- home loan, or, the total amount payable may increase A payment holiday can help immediately to relieve cash needed help to your cash flow if such is under pressure due to additional interest should you rather opt to rather flow pressure, but while you are not making payments, at present. This is not to say you should or must apply, increase the length of your home loan term. Let’s break interest continues to accumulate on your remaining but the option could be considered if needed. There are this down a bit more. balance and when the payment holiday is over, your also options such as credit insurance which could be outstanding balance and payments will be higher than considered. Spreading deferred payments over the outstanding term what they were before the holiday. But let’s assume, that you do feel the payment holiday is the option for you. Firstly, it is worth noting that although most banks are assisting their customers with the payment holiday option, this form of relief is generally limited to customers that are in good standing 10
of your home loan will mean that you will see an increase in your monthly repayments once your payment holiday period is over. The shorter the term left on your home loan, the larger the increase will be in your monthly payments. The impact of this option should therefore be carefully considered and whether you will be able to
Accordingly, it is wise to tread carefully and discuss all options thoroughly with your banker before requesting a payment holiday. If there are other non-essential costs you could still cut, maybe consider doing that first before taking a payment holiday.
https://www.phfirms.co.za/NewsResources/NewsArticle.aspx?ArticleID=3325
RECIPE OF THE MONTH :
Venison Pie 12
Winter, hunting season and venison pie. Some things just fit perfectly. Enjoy this venison pie with a glass of red wine in front of the fire and make the most of this winter with the family.
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WHAT YOU NEED: • 30 ml oil
RECIPE OF THE MONTH:
• 1 kg venison meat of choice (marinated for 24 hours in ideal milk/evaporated milk) • 2 onions, finely chopped • 3 garlic cloves, chopped • 5 ml mixed spice • 500 ml meat stock • 3 ml cinnamon powder • 5 ml ground coriander • 5ml paprika • 1 can (400g) whole pealed or Italian tomatoes • 250ml dry red wine • 2 carrots, peeled and chopped • 1 punnet button mushrooms (250 g) • 2 handful of spinach leaves, thoroughly washed and chiffonade • 1 roll of puff pastry (400g)
WHAT TO DO: 1. Light a fire and wait till the coals are the same heat that you would braai braaibroodjies on – in other words, medium heat. 2. Place the two pizzas on top of each other with the fillings facing to the inside. If you want to add anything extra, do so beforehand. 3. Place the pizza sandwich in your hinged grid, close the grid tightly, and braai the pizza, turning it often, the same as you would do with a braaibroodjie. You want the outside to be toasted and crispy and the cheese on the inside to be completely melted. 4. Once you have achieved the perfect pizza, take it off the grid, slide it onto a wooden board and cut into slices. Serve immediately.
WHO GETS TO CHOOSE THE CONVEYANCING ATTORNEY?
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“I’ve finally found a buyer for my property. I want my brother, who is an attorney, to do the transfer on the sale because then I know it will be done right and fast, but the buyer wants his attorney to do the transfer stating that as he has to pay transfer costs, it should be his right to choose. Whose choice is it?”
a number of costs and financing that need to be attended to before a successful transfer of property takes place, the seller will probably feel more at ease if his nominated conveyancer handles all of these intricate steps and costs to ensure that the transaction is attended to correctly and efficiently. According to our common law, it is standard practice that the seller nominates the conveyancing attorney as it is believed that the seller stands more to lose than the buyer if the transaction does not continue. In a typical property transaction, the costs due by the buyer will be for payment of the purchase price, transfer costs and transfer duty. As this represents
This does not mean that a conveyancer only acts in the interest of the seller. The conveyancer must act in the interests of both parties. However, the fact that the buyer is liable for costs, does not give the buyer a right to nominate the attorney. It is however possible for the seller and buyer to agree that the transfer can be attended to by a conveyancer agreed upon by both parties and even one nominated by the buyer. If such agreement is made, it should ideally be added as a specific condition of the agreement of sale to ensure that no later disputes arise in this regard. https://www.phfirms.co.za/NewsResources/NewsArticle.
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