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In your situation, your late uncle’s estate will need to be reported to the Master
of the High Court and an executor will be appointed to administer his estate.
Because of your uncle’s death, your POA will accordingly have ceased.
However, since you signed the agreement of sale before your uncle passed
away, the POA was valid at the time and the contract will be binding on the
executor, subject to certain exceptions. The executor would now have to take
over the responsibility to honour the agreement of sale on behalf of your uncle
and do the necessary to transfer the property to the buyer.
It is recommended that you make contact with the executor of your uncle’s
estate and explain the situation as well as the agreement of sale. If necessary,
you can also ask your attorney to assist you to review the POA and sale
agreement and liaise with the executor of the estate on your behalf.

What are the consequences of paying an
admission of guilt fine?

Adriaan van Rensburg
March 2018

“My son was recently arrested after being in a bar fight. The police offered
him the option of paying an admission of guilt. While he did not accept it, I do
wonder if it would not have been the better option. What are the consequences
of paying an admission of guilt?”
The South African Police may offer an arested person the option of paying
an admission of guilt fine, but only if the person has been arrested for a
less serious offence, and so doing lighten the load of congested court rolls.
This fine is paid before the accused appears in court, en can create the
impression that it is an easy and affordable way out. In many instances the
accused only pays the fine to secure his release and avoid a night in a Litigation
police cell.
It is important to note that the amount payable to be released on bail differs
from the amount payable for an admission of guilt fine. If the person pays an
admission of guilt, he will get a criminal record. It is against the law to force
an accused to pay an admission of guilt, as well as to create the impression
that should an accused not pay the fine, he will be denied bail. As soon as a
suspect’s fingerprints have been taken and a formal police docket has been
opened, a person will get a criminal record should he pay the admission of
guilt fine. However this does not mean that should a person pay a regular
speed fine, he will also have a criminal record!

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