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Electrical Fence Certifiation Revisited - MK - 10 July 2013

Category Newsletter: Article 1

TO CERTIFY OR NOT TO CERTIFY. THAT IS THE QUESTION

After a number of ongoing enquiries about the matter of electrical fence certification I have written a comprehensive commentary on the relevant regulations the full text of which can be downloaded from our website using the following link:

http://www.miltons.law.za/assets/uploaded_newsflashes/Electric_Fencing_Revisited.pdf.

As you will see from the full text document I have reached a number of bottom line conclusions about the matter of electrical fence certification which for the benefit of those who, for various reasons, might not wish to read the entire text document, I summarise as follows:

1) The matter of who will be responsible for electrical fence certification must be addressed in every

contract of sale of immovable property if there is an electric fence on the property.

2) The matter of who will be liable for the costs of the electrical fence certification is in all instances

negotiable between the buyer and the seller.

3) Property practitioners should inform the parties that the issue is a negotiable one. It would be

unethical to allow either of the parties to believe that they have an obligation to bear the costs

associated with certification which obligation is cast in stone.

4) The electrical fence regulations do apply to sales of sectional title units if there is an electrical

fence system situate on common property.

5) With group housing complexes one can ignore the electrical fence regulations unless an individual

within the complex has chosen to install a separate fence system on his erf.

Milton Koumbatis

Miltons Matsemela Inc.

Email: miltonk@miltons.law.za

9 July 2013

Author: Miltons Matsemala Inc.

Submitted 18 Jul 13 / Views 4679