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22 Stellenbosch L. Rev. 439 (2011)
Correspondence

handle is hein.journals/stelblr22 and id is 443 raw text is: CORRESPONDENCE / KORRESPONDENSIE Review of CP Smith Eviction & Rental Claims: A Practical Guide (2009) in (2010) 22 Steil LR 370 The review of the publication Eviction & Rental Claims in (2010) 21 Stell LR refers. The allegation that a major development regarding joinder of municipalities and the case law pertaining thereto was ignored by the author, refers. The book was presented to the publisher in January 2009 and published in June 2009. The bulk of the case law and controversy regarding joinder of municipalities emanated either after submission of the text or after the publication date. Clearly the reviewers sought to review an outdated edition of the publication. The book has now seen its third update and the reviewers are referred to the chapter dealing with joinder of municipalities that appeared in the second update prior to the review. The purpose and essence of a loose-leaf publication is the periodic publication of updated replacement pages to keep track of legal developments. Therefore, when reviewing a loose-leaf book in 2010, that was clearly published a year earlier, the reviewers should consider the possibility that an update may have been published and make the necessary enquiries prior to embarking on a fruitless review of an outdated edition. The work is criticised on the basis that the huur gaat voor koop rule is obsolete in light of the real right of a lessee as advocated by the author and that this does not relate to collection of rent as discussed in Part 2 of the work. The reviewers are clearly not acquainted with the real essence of the huur gaat voor koop rule and have misread the text: the maxim has a far wider ambit than merely protecting the lessee's occupational rights. The reviewers are referred to the chapter on the huur gaat voor koop rule which deals extensively with the relationship it creates by operation of law between the lessee and a new owner of an immovable property which includes the right of the lessor to collect rent in terms of the existing lease. In general the conclusions reached by the reviewers are unjustified. Every aspect of Pie and Esta (eviction legislation) as enumerated in case law to date is discussed with practical application and guidelines as to the procedures. The reference to watered down academic discussions is also unreasonable. A measure of debate on certain topics was included which was purposefully simplified in order to provide a practitioner with the gist of a legal argument on a frequently litigated and very relevant topic (evictions) as opposed to an in depth academic thesis or mere references that have limited value in practice. No mention is made of the comprehensive table of decided cases on every possible aspect of eviction and rental claims as well as the detailed index and discussion of other less dealt with topics such as actions against foreign states and organs of the state. 439

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