When Does The National Credit Act Apply
WHEN DOES THE NATIONAL CREDIT ACT APPLY? The National Credit Act No. 34 of 2005 (“NCA” or the “Act”) is a piece of legislation that provides for consumer protection. This means that where credit transactions take place between parties, it is important for the credit provider to act in accordance with the NCA to ensure […]
Muslim Marriages Recognised
MUSLIM MARRIAGES RECOGNISED There has been a significant development regarding the marital rights of Muslim women in South Africa after a judgment handed down by the Constitutional Court in June 2022. In 2014, The Women’s Legal Centre Trust (WLCT) brought an application in the Western Cape High Court. The legal context out of which this […]
Understanding Confidentiality and Professional Privilege
UNDERSTANDING CONFIDENTIALITY AND LEGAL PROFESSIONAL PRIVILEGE In the process of rendering a proficient legal service, the minds and offices of industry practitioners often become crypts, places harboring the secrets and intricacies of clients that otherwise would have been taken to the grave. While legal professionals require a holistic factual matrix in order to comprehensively respond […]
Is a financial Institution Refusing You Access To Credit Because of a Default Judgement
IS A FINANCIAL INSTITUTION REFUSING YOU ACCESS TO CREDIT BECAUSE OF A DEFAULT JUDGEMENT? An adverse civil judgment against a person’s name can greatly affect their ability to obtain credit and is often only noticed when they approach a financial institution to apply for credit. It is important to take legal advice as soon as […]
Prescription and Maintenance
PRESCRIPTION AND MAINTENANCE: CLAIMING MAINTENANCE AFTER 29 YEARS In a landmark judgement handed down in January 2022 the Supreme Court of Appeal (“the SCA”) held that a maintenance order is classified as a ‘judgement debt’ and therefore only prescribes after 30 years (Arcus v Arcus 4/2021 2022 ZASCA). Mr and Mrs Arcus got divorced on […]
Foreign buyers
FOREIGN BUYERS: PURCHASING A PROPERTY IN SOUTH AFRICA There is significant foreign interest in the South African property market. We have identified some useful information for foreign buyers to be aware of when considering purchasing property in South Africa. Property can be owned by individuals or by a juristic entity such as a company, close […]
Curatorship
INCAPABLE OF MANAGING AFFAIRS? There are several situations in life that may result in a person no longer being able to manage their financial affairs or make rational and/or informed decisions. This usually follows cases of mental illness, intellectual disability, physical disability or general ageing-related issues. The only way to assist these people is to […]
Breach of Contract
GENERAL PRINCIPLES: REMEDIES FOR BREACH OF CONTRACT Upon concluding a contract, the parties involved are bound by the terms of the agreement. Should any of the parties not perform their part as agreed in the contract (without a lawful excuse), a breach of contract occurs. When a party has breached the terms of the agreement, […]
Residential Evictions: The Basics
Residential Evictions: The Basics Q: What is a residential eviction? A residential eviction is the forced removal of unlawful occupiers from a house or from land. Importantly, section 26 of the Constitution protects an individual’s right to housing by providing that an eviction may only take place in terms of a court order and after […]
Reinstatement of Companies and Close Corporations
REINSTATEMENT OF COMPANIES AND CLOSE CORPORATIONS (CIPC PRACTICE NOTE 1 OF 2022) The Companies and Intellectual Property Commission (CIPC) recently issued a revised practice note regarding the re-instatement of companies and close corporations in terms of section 40(6) and (7) of the Companies Regulations. CIPC will only reinstate a company or close corporation if: The […]
Lost Title Deeds
Lost Title Deeds Once the deed of sale has been signed, there is a set transfer process at the Deeds Office. Unfortunately this process can be delayed or even halted due to unforeseen events, such as the loss or destruction of a title deed. The delay this causes, as well as the additional costs involved, […]
Inheritance in a life partnership
INHERITING FROM A LIFE PARTNER Can I inherit or claim maintenance from my life partner’s estate? A life partnership or domestic partnership can be defined as a long-term, intimate relationship that is akin to marriage without this relationship being formalised in law. South African law has no legislation which regulates domestic partnerships and has been […]
Execution of residential property
Execution of residential property Residential property and judgement debts: what is the general procedure for a creditor to sell a debtor’s home in execution of a debt? This article will set out the basic procedure a creditor must follow to sell a debtor’s home in execution of a debt. In general when a debtor reneges […]
What happens to your lease agreement when the leased property is sold?
What happens to your lease agreement when the leased property is sold? The huur gaat voor koop rule When a lease agreement is concluded between two parties (a lessor and the tenant), the tenant acquires use and enjoyment rights to a property against payment of a rental. The question arises: if the lessor-owner sells […]
How the law regulates liability for dog bite injuries
How the law regulates liability for dog bite injuries The case of Van Meyeren v Cloete, heard by the Supreme Court of Appeal (“the SCA”), dealt with a dog owner’s liability for injuries caused by his or her dogs. Facts: Cloete was walking down the street collecting rubbish and offering gardening services when he […]
CONVEYANCING IN LOCKDOWN / COVID-19
“Get yourself a comfortable pair of shoes; you will be doing a lot of walking!” is a tip most Candidate Attorneys hear when they begin their articles. This advice rings true for Conveyancers, Deeds Office Clerks, Candidate Attorneys, and also the conveyancing paralegals, especially during recent weeks! One should also have a mask, sanitiser […]
POPI is Here: What Does This Mean For Me or My Business?
On 1 July 2020 the main substance of the Protection of Personal Information Act 4 of 2013 (commonly known as “POPI”) came into operation. The Act outlines how parties who handle an individual’s personal information need to protect this information and provides for some severe-sounding sanctions if this is not done. This article will attempt […]
Update From The Managing Partner
“The tiny seed knew that in order to grow, it needed to be dropped in dirt, covered with darkness, and struggle to reach the light.” – Sandra Kring It is a month since our last newsletter and, as of 1 June 2020 we have moved to Lockdown Alert Level 3. Our doors are […]
What Is A Usufruct?
With many South Africans encouraged to practise social distancing to help ‘flatten the curve’ of the coronavirus contagion, there is a focus on planning ahead for your future, executing a valid will or updating an existing will. When we are dealing with estate planning usufructs are often considered when we want a vulnerable family member […]
Domestic Workers, COVID-19 And UIF – What Every Employer Needs To Know:
On 1 June 2020, to the economic relief of many, the national lockdown alert level dropped from level 4 to level 3. In doing so, many persons who had previously been restricted from working were allowed to return to work, including domestic workers. The reintroduction of domestic workers to the workplace has come as a […]