Richard Spoor
@Richard_Spoor · White River, South Africa · joined 26 Oct 2011
Is a public Interest lawyer with a special interest in land reform, mines and communities and compensation for occupational diseases. Militant non-racialist.
73 963Followers
1 294Following
47 357Posts total
340.7KViews on collected posts
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@Richard_Spoor @JackD157 The case is Stopforth Swanepoel & Brewis Inc v Royal Anthem Investments 129 (Pty) Ltd [2014] ZACC 26. The sentence counsel is relying on is real - Nkabinde J at para 30: “I consider that the payment into the attorneys’ account ought to have been regarded
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The curious thing that is that most people of working age could work and would like to work. What an incredible waste of human potential structural unemployment is.
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Until Stopforth is clarified, your deposit is not safe, and “trust” has no meaning.
Stopforth Swanepoel & Brewis Incorporated v Royal Anthem Investments 129 (Pty) Ltd and Others [2014] ZACC 26
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Unless and until the SCA ‘distinguishes’ Stopforth, and holds that a deposit, held in trust for a buyer is held for the buyer, rather than the seller, your deposit is not safe. I urge all buyers and estate agents to familiarise themselves with the ConCourt decision in Stopforth.
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A buyer may as well pay the deposit to the seller, and rely on his good faith, to refund it if the sale falls through. There is no added security that comes from entrusting the deposit to an attorney because although it is held in the buyers name, it is in law the sellers money.
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If the SCA holds that Stopworth means what the appellant says it means; namely that when a buyer pays a deposit into trust, it constitutes a payment to the seller. The entire basis on which buyers entrust conveyancers with their deposits collapses.
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Buyers pay deposits, sometimes the entire purchase price into conveyancing attorneys trust accounts, in the confidence that if the sale does not go through and the property is not transferred to them, through no fault of their own, they will get their deposit back.
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Because it is a ConCourt decision, unless it can be distinguished, it is binding on the SCA. At least one of the SCA judges, seemed to think it was. If the SCA follows Stopforth, it will have catastrophic consequences for buyers and the entire property transfer system in SA.
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Counsel for the attorney placed heavy reliance on a judgment of the Constitutional Court (Stopworth v Royal Anthem, 2015) where the Court found, on similar facts that; “I consider the payment into the attorneys trust account ought to be regarded as payment to Royal (the seller)”.
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The attorney subsequently paid the deposit plus the accrued interest to the seller. The High Court ordered the attorney to repay the deposit and interest to the buyer (my client). The attorney appealed to the SCA in Bloemfontein, where the appeal was argued today.
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with interest. In this case the sale fell through because the suspensive condition namely the sale of another property, was not fulfilled. When the seller asked for his deposit to be refunded, the conveyancing attorney refused to pay it back.
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In other words, this was a stock standard sale agreement of the type signed by many thousands of South Africans each year. The understanding is that if the sale falls through, for example the buyer can’t get a bond, the agreement lapses and the buyer gets his deposit back,
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The agreement also provided for the deposit to be held in an interest bearing trust account, opened in the name of the buyer, as provided for in section 86(4) of the Legal Practice Act. The sale was subject to suspensive conditions to be met.
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Proud to have played a role in this important matter. Excellent work on the part of our fellow attorneys at the LRC and our counsel. ✊🏽 https://t.co/rPmDnrImH9
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It’s simple. Poverty leads to reliance on cheap, ultra-processed foods that are high in refined carbohydrates and sugar, this causes type 2 diabetes.
The ANC government’s economic policies did this.
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Diabetes has overtaken tuberculosis as South Africa’s leading natural cause of death, claiming nearly 28 000 lives in 2023. More than half of SA adults have at least one chronic condition. Health Minister Aaron Motsoaledi unpacks measures adopted by the government to deal with ht
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3:23
Some life advice from Walt Whitman:
“Love the earth and sun and the animals, despise riches, give alms to every one that asks, stand up for the stupid and crazy, devote your income and labor to others, hate tyrants, argue not concerning God.”
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@Richard_Spoor You call a peadophile a wonderful wonderful man 👀
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@Richard_Spoor Doesn't matter how brilliant he was, if he did the things he was to be tried for, he was not wonderful at all. Really, what you are doing is rubbing his victims faces in it.
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@Richard_Spoor How wonderful of you to have such choices - unlike his victims.
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I am terribly sorry to learn that Paul Kennedy SC has died. I have known him for almost 40 years, to my knowledge he was a wonderful man and a brilliant jurist. I am aware of the horrible allegations against him, but I choose to to remember him as the man I knew and respected.
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На фоне аккаунтов своего размера
16 постов за последние 90 дней рядом с диапазоном 10K–100K подписчиков. показывается широко, но откликается мало кто.
Медианные просмотры13 422этот аккаунт924медиана для 10K–100K
Охват, %18.15%этот аккаунт3.62%медиана для 10K–100K
Вовлечённость, %0.36%этот аккаунт1.52%медиана для 10K–100K
| Показатель | Этот аккаунт | Медиана для 10K–100K | Отношение |
|---|---|---|---|
| Медианные просмотры на пост | 13 422 | 924 | 14.5× |
| Охват (просмотры ÷ подписчики) | 18.15% | 3.62% | 5.01× |
| Вовлечённость | 0.36% | 1.52% | 0.24× |
Другие в этом диапазоне → Сравнить с другим аккаунтом → Как считаются эти ориентиры →
Growth & engagement
How the posts we collected actually performed: views and reaction rate post by post, what the audience did with them, and where the follower count goes.
Views per post
10.3K14 Aug
16.3K7 Sep
16.2K
14.6K
14K
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12.6K
12K
11.5K
13.8K
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702
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Last 14 collected posts, oldest on the left. The scale is logarithmic: one post can outrun the rest a hundred times over.
Engagement rate per post
1.62%14 Aug
0.23%7 Sep
0.19%
0.18%
0.21%
0.14%
0.41%
0.33%
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Reactions — likes, reposts, replies and quotes — divided by views. Median for 10K–100K accounts is 1.52%.
What the audience does
Likes71.8%3 873 in total
Reposts20.4%1 100 in total
Replies2.2%118 in total
Bookmarks5.7%305 in total
Share of every reaction we collected for this account. Replies mean argument, reposts mean endorsement, bookmarks mean the post was worth keeping.
The follower curve appears once this account has two daily snapshots — we take one a day, and this one is on its first.
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