Master’s offices

The interesting and insightful letter by LEA Callaghan in 2024 (Jan/Feb) DR 4 refers. Dickens’ sparing description of the Master’s office as the ‘Circumlocution Office’, is only bested by his own classic title, Bleak House, perhaps a more appropriate description of the current state of the Master’s office. This troubled institution, beset with mayhem of all sorts, sometimes compels hapless heirs and claimants, with no other alternative, to prostrate themselves before the mercy of the courts for relief; a surreal revival of the travails the generational heirs to the unfortunate, unending case of Jarndyce v Jarndyce, suffered, in that gloomy novel.

Avoidable delays, lost files, strange queries, requests, many of which have no basis in practice or law, bedevil the process of the smooth administration of estates, and send many a practitioner scurrying for the solace of calming tablets, and I daresay, in some cases, spirits, not unlike those downed by the gentlemen of the Pickwick Club. Colleagues are increasingly cursing their decision to step into this profession, when, in their learned estimation, they could have, with less strain and more reward, comfortably operated lounges for gentlemen.

The present malaise of vertigo afflicting most, if not all, institutions that serve the nation is alarming, and should be arrested without delay. The courts cannot cure every administrative ill, but administrators can, with proper controls, accountability, and oversight of important functions. If the obligation to serve is non-negotiable, then those in power in an open, democratic, and free society must squarely face Robert Browning’s ultimatum in The Pied Piper of Hamelin:

‘Sirs! Give your brains a racking,

To find the remedy we›re lacking,

Or, sure as fate, we’ll send you packing.’

Only time will tell if the will to serve remains uncorrupted.

Abbey Naidoo is a legal practitioner, notary, conveyancer,
and Business Rescue Practitioner in Durban.

Why selling second-hand might not be so grand

Selling second-hand has become increasingly trendy. Not only do you find amazing one-of-a-kind items, but you are also making an environmentally friendly choice when buying second-hand. Selling second-hand was also a dire option left for those who faced the wrath of the COVID-19 pandemic and had to think of ways to generate income. Unfortunately, it is not so simple to trade in second-hand goods and an additional hurdle, namely the Second-Hand Goods Act 6 of 2009 (the Act), must be overcome before you can start trading. The Act aims ‘to regulate the business of dealers in second-hand goods and pawnbrokers, in order to combat trade in stolen goods; to promote ethical standards in the second-hand goods trade; and to provide for matters connected therewith’.

The Act applies to any person or institution that sells second-hand goods, including a scrap metal dealer and a pawnbroker. Such a business must be registered with the National Commissioner of the South African Police Service by way of an application process, and should the application be successful, the business will be issued with a certificate, which must be displayed at the business premises. Should you trade with second-hand goods on online and social media platforms such as Instagram, Facebook, Gumtree etcetera, you still need to apply for a certificate to sell second-hand goods, and if you sell second-hand goods at markets or events, your certificate needs to be at hand at your stall.

Schedule 1 of the Act lists all the items that qualify as second-hand items. The list includes, for example, household goods, antiques, jewellery, motor vehicles and its accessories, agricultural equipment, and books. An item will be second-hand should it be owned or used in the past by someone else.

It is, however, important to note that people selling their own goods on a once-off basis, whether it be at a garage sale or via an online platform, for whatever reason, and people selling second-hand clothing, whether it is as a business or another reason, do not need to comply with the provisions of the Act.

The saying goes that second-hand is grand, and if you have started a business selling second-hand goods, along with other requirements and legalities that needs to be met when starting a business, one needs to ensure that there is proper compliance with the Act, otherwise grave consequences may follow. Non-compliance with the Act may result in a fine or imprisonment not exceeding 12 months or to both a fine and imprisonment.

Elli Bissett LLB LLM (UP) is a legal practitioner at
Bissett and Partners Attorneys in Pretoria.

This article was first published in De Rebus in 2024 (April) DR 4.