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LAW LETTER - Venns Attorneys, Notaries and Conveyancers

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Association of South Africa. The certificate<br />

must be given to the purchaser before the<br />

property is transferred.<br />

The installation of both electric fences <strong>and</strong><br />

gas equipment in homes is becoming more<br />

prevalent in reaction to increased crime<br />

rates, <strong>and</strong> soaring electricity charges. As<br />

these certificates must be to h<strong>and</strong> on the sale<br />

of a property, it is important that both<br />

prospective sellers <strong>and</strong> purchasers are alive<br />

to the fact that they are a legal necessity. This<br />

will enable sellers to proactively request<br />

these certificates from the certified installers<br />

of electric fences or gas applicances when<br />

they are installed in their properties, <strong>and</strong> to<br />

a tribute to<br />

garnet venn<br />

There are moments in the life of an<br />

organisation when it is time to pause <strong>and</strong><br />

reflect on the road that has been travelled to<br />

arrive at the present. In doing so we are<br />

reminded of the enormous debt of gratitude<br />

we owe to those who served our firm before<br />

us – <strong>and</strong> none more than to our founder,<br />

Garnet Venn.<br />

Garnet's journey in the firm began in 1955,<br />

the same year that he ran the Comrades<br />

Marathon, a distance of some 90 kilometres.<br />

He completed the arduous route within time,<br />

finished 64th <strong>and</strong> was awarded the Geraldine<br />

Watson Trophy for being the last runner to<br />

complete the course! This was an early sign<br />

of the pioneering spirit <strong>and</strong> tenacity of the<br />

man who was to lead the firm for 23 years<br />

from 1961 to 1984.<br />

keep them somewhere safe for when they are<br />

required on the sale of the property. It will also<br />

empower purchasers to specifically ask for<br />

these certificates when they view properties<br />

with electric fences or gas installations.<br />

It is also important to include appropriate<br />

clauses in sale agreements dealing with<br />

these requirements. If you are buying or<br />

selling a property with an electric fence or gas<br />

appliance, Venn's property team has the<br />

expertise to ensure that your sale agreement<br />

contains the necessary clauses to ensure<br />

that your property transaction goes through<br />

as smoothly as possible.<br />

We learned about gratitude <strong>and</strong> humility – that so many people had<br />

a h<strong>and</strong> in our success.<br />

- Michelle Obama<br />

Garnet served briefly in the South African Air<br />

Force, qualifying as a pilot on a Tiger Moth<br />

<strong>and</strong> then graduating to a Harvard Aircraft. In<br />

his own words, “I loved flying a Harvard,<br />

doing aerobatics <strong>and</strong> formation flying,<br />

especially low flying”.<br />

Garnet's sense of adventure is perhaps<br />

epitomised in a journey he undertook with<br />

Oliver Hart in 1960 just after completing his<br />

five year term of Articles of Clerkship. The two<br />

of them hitch hiked from Pietermaritzburg,<br />

through Africa to Cairo, on to Europe <strong>and</strong> the<br />

United Kingdom. In a period of 6 months they<br />

visited 38 countries, journeying on a shoe<br />

string budget, supplemented by odd jobs <strong>and</strong><br />

the friendly hospitality of the folk they met<br />

along the way.<br />

G a r n e t m a r r i e d J o a n<br />

Campbell on 16th December<br />

1 9 6 1 a n d t h e c o u p l e<br />

c e l e b r a t e d t h e i r 5 0 t h<br />

wedding anniversary in 2011.<br />

They are the proud parents of<br />

four daughters <strong>and</strong> the doting<br />

g r a n d p a r e n t s o f 1 1<br />

gr<strong>and</strong>children. Garnet's<br />

strong sense of family was<br />

always extended to his staff<br />

in the firm. While a tough taskmaster when<br />

leading the firm, his empathy<br />

<strong>and</strong> support for those enduring<br />

personal difficulties will long be<br />

remembered by the folk he<br />

helped along the way.<br />

Garnet's incredible work ethic,<br />

discipline, commitment to<br />

service <strong>and</strong> vision formed the<br />

cornerstones of his leadership<br />

of the firm for 23 years [the<br />

Oliver Hart, Andor Nemeth & Garnet Venn.<br />

longest serving chairman of the firm] until his<br />

first “retirement” on 30 April 1984. Garnet<br />

spent the next 2 years doing voluntary<br />

Christian work for African Enterprise in<br />

Pietermaritzburg.<br />

In 1986 Garnet returned to lead our Debt<br />

Recoveries Department. He passed on the<br />

baton in 1999, but remained actively involved<br />

in Debt Recoveries until December 2012,<br />

when his health let him down for the first time<br />

in 58 years. He has since recovered well but<br />

sensibly opted to fully retire <strong>and</strong><br />

enjoy more time with his beloved<br />

wife <strong>and</strong> family.<br />

Garnet – we salute you <strong>and</strong><br />

express our sincere gratitude on<br />

behalf of everyone in the firm <strong>and</strong><br />

on behalf of all the clients you<br />

served with distinction over so<br />

many decades. We wish you<br />

good health <strong>and</strong> much happiness<br />

in your well-deserved retirement.<br />

“Gratitude makes sense of our past, brings peace for today, <strong>and</strong><br />

creates a vision for tomorrow”.<br />

- Melody Beattie.<br />

281 Pietermaritz Street • PO Box 600, Pietermaritzburg, 3200 • Tel: 033 355 3100 • Fax: 033 394 1947<br />

<strong>LAW</strong><br />

<strong>LETTER</strong><br />

S u p p l e m e n t<br />

August 2013


services directory<br />

Chairman<br />

Guy Smith<br />

Agency Conveyancing<br />

Annelize Diededricks<br />

Redvers Lee<br />

Banking Law <strong>and</strong><br />

Foreclosures<br />

Craig Blackmore<br />

Doc Louw<br />

Liza Bagley<br />

Mohammed Motala<br />

Robert Stuart-Hill<br />

Constitutional<br />

Hiresen Govender<br />

Pat Dewes<br />

Conveyancing <strong>and</strong><br />

Sectional Title<br />

George du Toit<br />

Guy Smith<br />

Lindy le Roux<br />

Nosipo Mgojo<br />

Redvers Lee<br />

Corporate Commercial<br />

Andries Geyser<br />

Doc Louw<br />

George du Toit<br />

Keran Henwood<br />

Simon Francis<br />

Tim Brown<br />

Criminal<br />

Chuma Vabaza<br />

Craig Blackmore<br />

Debt Recoveries<br />

Asha Moodley<br />

Chetna Nepal<br />

Craig Blackmore<br />

Dudu Dlamini<br />

Hellen Dolphin<br />

Jeanne Smith<br />

Maureen Krog<br />

Paula Greyling<br />

Ronitha Sarupen<br />

Velile Radebe<br />

Estate Administration<br />

Hannah Szudrawski<br />

Kim Dlamini<br />

Tina Morajane<br />

Environmental Safety<br />

<strong>and</strong> Health<br />

Vumani Msimang<br />

Health <strong>and</strong> Safety<br />

Hiresen Govender<br />

Tim Brown<br />

Vumani Msimang<br />

Family Law<br />

Doc Louw<br />

Liza Bagley<br />

Pat Dewes<br />

Farm Sales <strong>and</strong><br />

Agricultural<br />

Simon Francis<br />

Insolvency<br />

Andries Geyser<br />

Anthony Grant<br />

Etienne Prinsloo<br />

Michael Swanepoel<br />

Mohammed Motala<br />

Rob Stuart-Hill<br />

Insurance<br />

Doc Louw<br />

Kashi Reddy<br />

Pat Dewes<br />

Labour Law <strong>and</strong><br />

Industrial Relations<br />

Chuma Vabaza<br />

Hiresen Govender<br />

Tim Brown<br />

Vumani Msimang<br />

Liquor Law<br />

Vumani Msimang<br />

Litigation <strong>and</strong><br />

Alternative Dispute<br />

Resolution<br />

Anthony Grant<br />

Andries Geyser<br />

Chuma Vabaza<br />

Craig Blackmore<br />

Doc Louw<br />

Julianne Norton<br />

Kashi Reddy<br />

Liza Bagley<br />

Mohammed Motala<br />

Pat Dewes<br />

Robert Stuart-Hill<br />

Masters Office Agency<br />

Martina van Wyngaard<br />

Medical<br />

Doc Louw<br />

Kashi Reddy<br />

Pat Dewes<br />

Mortgage Bonds<br />

Nosipo Mgojo<br />

Mortgage Loans &<br />

Investments<br />

John Wallace<br />

Simon Francis<br />

Personal Injuries<br />

Chuma Vabaza<br />

Kashi Reddy<br />

Property Development<br />

<strong>and</strong> Town Planning<br />

Doc Louw<br />

Guy Smith<br />

Vumani Msimang<br />

Public <strong>and</strong> Local<br />

Government<br />

Hiresen Govender<br />

Tim Brown<br />

Vumani Msimang<br />

Road Accident Fund<br />

Kashi Reddy<br />

Tax Planning<br />

Hannah Szudrawski<br />

John Wallace<br />

Simon Francis<br />

our history,<br />

our future<br />

A definition of history: An account, mostly false, of events, mostly unimportant, which are<br />

brought about by rulers, mostly knaves, <strong>and</strong> soldiers, mostly fools.<br />

- Ambrose Bierce<br />

Venn Nemeth <strong>and</strong> Hart Inc <strong>and</strong> Geyser du<br />

Toit <strong>and</strong> Kitching Inc have, over the years,<br />

become highly recognisable legal br<strong>and</strong>s in<br />

the Midl<strong>and</strong>s <strong>and</strong> in KwaZulu-Natal.<br />

We recently identified an opportunity for the<br />

two firms to merge, in order to add to the<br />

depth <strong>and</strong> range of legal services offered to<br />

our respective clients. Endowed with similar<br />

cultures <strong>and</strong> led by equally strong <strong>and</strong> lively<br />

characters, the merger promises to be both<br />

constructive <strong>and</strong> interesting!<br />

From 1 August 2013, when the merger takes<br />

effect, we will practice under the name <strong>Venns</strong><br />

<strong>Attorneys</strong> (see below for more information on<br />

our new name). The merger excludes GDLK<br />

Pinetown, which will continue practising<br />

under that name.<br />

GDLK<br />

GDLK began life as a partnership in 1980 <strong>and</strong><br />

incorporated in 1994. During this period, the<br />

firm grew to four directors <strong>and</strong> close to fifty<br />

staff.<br />

The firm has strengths in insolvency,<br />

litigation, town planning, commercial <strong>and</strong><br />

company work. For our clients, the merger<br />

will mean that three of the city's most<br />

experienced attorneys will be strengthening<br />

our base of expertise: Andries Geyser is a<br />

former president of the Law Society of South<br />

Africa, <strong>and</strong> a specialist litigation attorney with<br />

a focus on insolvency work. George Du Toit<br />

has headed GDLK's Conveyancing<br />

Department for over 30 years; while Doc<br />

Louw is an experienced litigation <strong>and</strong><br />

commercial attorney who is currently deputy<br />

chairman of the KwaZulu-Natal Town<br />

Planning Appeals Board.<br />

Guy Smith <strong>and</strong> Doc Louw<br />

Venn Nemeth & Hart<br />

Venn Nemeth <strong>and</strong> Hart has been in business<br />

for more than 60 years, the doors having<br />

been opened by Denis Lowe, as a sole<br />

practitioner, on 1 March 1952. The firm<br />

identified a gap in the market <strong>and</strong> soon began<br />

offering specialised debt recovery services to<br />

businesses operating in <strong>and</strong> around<br />

Pietermaritzburg.<br />

Specialist skills were added to this<br />

foundation, including conveyancing <strong>and</strong><br />

property development, litigation, public<br />

sector law, insolvencies <strong>and</strong> special<br />

recoveries. The firm now has 12 directors <strong>and</strong><br />

employs more than 120 staff members.<br />

<strong>Venns</strong> <strong>Attorneys</strong><br />

<strong>Venns</strong> <strong>Attorneys</strong> carries forward the<br />

strengths that made both Venn Nemeth <strong>and</strong><br />

Hart <strong>and</strong> GDLK into solid law firms in their<br />

own right. These include strong representation<br />

of our clients, high levels of specialisation<br />

<strong>and</strong> an over-arching concern for<br />

quality. <strong>Attorneys</strong> at <strong>Venns</strong> are characterised<br />

by a passion for their work, a desire to be on<br />

top of their areas of law <strong>and</strong> a genuine<br />

interest in their clients.<br />

a new name for a new firm<br />

When asked whether 'Groucho' was his real name: No, I am just breaking it in for a friend.<br />

- Groucho Marx<br />

After years of spelling out the words “Venn<br />

Nemeth <strong>and</strong> Hart” over the telephone, we<br />

have decided that the merger was an<br />

appropriate time to shorten our tonguetwister<br />

of a name. We retain the name Venn<br />

Nemeth & Hart as our registered company<br />

name, but will trade as “<strong>Venns</strong> <strong>Attorneys</strong>”.<br />

cooking<br />

with gas<br />

Most sellers are aware that pest <strong>and</strong><br />

electrical certificates must be provided when<br />

selling property. These certificates confirm<br />

that the buildings on the property are free<br />

from insect infestation <strong>and</strong> that the electrical<br />

installations have been safely fitted. What<br />

often comes as a surprise is the requirement<br />

for the provision of electric fence <strong>and</strong> gas<br />

installation compliance certificates.<br />

Recent amendments to the Electrical<br />

Machinery Regulations now require that<br />

every “user” of an electric fence holds an<br />

Electric Fence System Compliance<br />

Certificate. The certificate is not required for<br />

electric fences installed before October 2012,<br />

but a certificate should be obtained for every<br />

new electric fence, whenever an existing<br />

fence is changed, or if there is a change of<br />

ownership of the property on which the fence<br />

was erected. Remember that, unlike the<br />

While we will never forget the Big Three –<br />

Garnet Venn, Andor Nemeth <strong>and</strong> Oliver Hart<br />

– times do change. Already known<br />

affectionately as “<strong>Venns</strong>” to friends <strong>and</strong><br />

colleagues, the decision was not too difficult.<br />

Short, sweet <strong>and</strong> hopefully a whole lot easier<br />

to spell over the phone!<br />

electrical compliance<br />

certificate, the obligation<br />

to hold a certificate does Keran Henwood<br />

Property Department<br />

not only arise on transfer<br />

– if your electric fence falls into one of these<br />

three categories, you should hold a certificate<br />

as a “user”. The good news is that the<br />

certificate is transferable, so as long as the<br />

electric fence system remains as it was at the<br />

time of issue of the certificate, there is no<br />

need to obtain a new certificate.<br />

The Pressure Equipment Regulations, which<br />

were promulgated in October 2009, require<br />

that gas appliances installed in properties be<br />

certified as being safely fitted <strong>and</strong> leak free.<br />

Gas Installation Certificates are required for<br />

installations such as gas fireplaces, gas<br />

stoves <strong>and</strong> gas hot water systems <strong>and</strong> must<br />

be issued by an authorized person registered<br />

with the Liquefied Petroleum Gas Safety

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