Evictions Or Lack Thereof
One of the many difficulties that we are faced with during this country-wide lockdown is the question of eviction proceedings or the lack thereof. In terms of the amended regulations of the Disaster Management Act 2002 that was published in the Government Gazette on the 29th of April it states that, “A competent court may […]
Alert Level 4 SA: Movement Of Children Between Parent
On 29 April 2020, the Minister of Cooperative Governance and Traditional Affairs published the latest Regulations that were issued in terms of section 27 (2) the Disaster Management Act of 2002. In terms of the Regulations, a child is allowed to move between co-holders of parental responsibilities and rights or a caregiver in the same […]
Force Majeure And Its Practical Implications During The Covid-19 Lockdown
What does force majeure mean? The term force majeure refers to an extraordinary event or circumstance beyond the control of the parties in a contract, which renders either one or both parties unable to perform their contractual obligations. When this occurs, the party who is unable to perform its obligation is absolved from liability by […]
Time for Change
“The secret to change is to focus all of your energy not on fighting the old but on building the new.” – Socrates Welcome to our new-look Newsletter, the launch of which has come at a time where the world we live and work in is vastly different from what we knew a few weeks […]
Life Under Lockdown – Covid-19 And The Enforceability Of Contracts
The lockdown has had alarming consequences for the providers of all goods and services not deemed to be “essential”. The regulations issued by Minister Dlamini Zuma on 25 March 2020 require every non-essential business to close. Yet salaries and wages need to be paid, rent needs to be paid, electricity bills need to be paid […]
Immovable Property Update
IMMOVABLE PROPERTY UPDATE BUDGET 2020 Please take note that during the National Budget Speech that took place on 26 February 2020, it was announced that for the first time in 3 years, the transfer duty exemption threshold for the sale of immovable property has increased to R 1 million. This will be effective for all […]
How does the law provide you with protection in your relationship?
There are a growing number of people, in South Africa and around the world, that live in long-term, intimate relationships that are akin to marriage without this relationship being formalised in law. This may be a conscious decision on behalf of the parties to avoid the consequences of marriage or it may be because the […]
Notaries: How do they differ from other attorneys?
While most legal matters can be attended to by attorneys, some matters can only be dealt with by notaries. A notary is also an attorney, but has undertaken certain further studies, passed further exams and brought an application to the High Court to be admitted as a notary. A notary is subject to strict norms […]
Update: Lost title deeds
In February 2019 the Chief Registrar of Deeds issued a circular to announce that the Deeds Registries Regulations Board (the Board) had decided to suspend the implementation of the amendments to regulation 68 of the Deeds Registries Act 47 of 1937 announced in February 2019. However on 1 November 2019 the Minister of Rural Development […]
Purchase of immovable property by a company to be formed
Section 21 of the Companies Act 71 of 2008 (“the Act”) provides for an exception to the common law rule that a person cannot bind a non-existent principal. The Act provides in Section 21(1) that a person may enter into a written agreement on behalf of a company not yet in existence at the time. […]
The age old question surrounding fixtures and fittings: What stays and what goes?
When selling their properties, sellers are not always aware of the rules around fixtures and fittings and what should stay and what may be removed. The “golden” rule in South African property law is that everything built on or attaching to the land, forms part of the land. The rule aims to protect land ownership […]
Antenuptial contracts: Financially safeguarding yourselves
Getting married is more than just saying “I do” and choosing a wedding cake: you must also choose a marital property regime. This is not planning for divorce, but rather, planning for one’s future! There are three marital regimes to choose from, each with their own advantages and disadvantages: Marriage in community of property: your […]
Property Practitioners Bill
The Property Practitioners Bill has officially been signed by the President on 2 October 2019, however, the commencement date has not yet been decided. The Act will replace the 43-year-old Estate Agency Affairs Act and provide for the continuation of the Estate Agency Affairs Board, to be known as the Property Practitioners Regulatory Authority (“the […]
Shariah compliant Wills in South Africa
In Islam, it is obligatory for Muslim persons to have a Will to ensure that one’s estate is administered in terms of Shariah Law. This is especially necessary where the Islamic laws of inheritance is not the law of the land. In South Africa, Shariah law is not automatically implemented and regulated. It is therefore important to […]
Why do I need a valid will?
In South Africa, a person can leave his / her assets to whoever he /she likes. This is called “freedom of testation“. For your will to be valid it will need to be drawn up in the correct way to comply with the formalities provided for in our law. The following are some of the […]
What is a power of attorney?
A Power of Attorney is a notice that gives a third party the permission to act on your behalf and/or make decisions for you. It can be restricted to specific matters (“special power of attorney”) or without restrictions for all matters (“general power of attorney”), and is considered a valuable tool when the decisions are […]
Do employees have the right to practice their religion?
In a matter that was heard before the Labour Court, the employer dismissed the employee for incapacity after the employee had refused to work on Saturdays on account of her being a member of the Seventh Day Adventist Church. The employer, who conducts business as a logistics and transport service provider, required stock-taking to be […]
Who will take care of your children after your death?
The Children’s Act allows a parent who is the sole guardian or who has the sole care of a child to appoint a fit and proper person as the guardian or person or to be vested with the care of the child in the event of the death of the parent. This appointment must be […]
Residential Lease Agreements
Are you considering renting out your house or flat, or perhaps just a room? Investing in a well-drafted lease agreement and knowing your rights and obligations can save you a lot of trouble in the long term. Why you need a well-drafted lease agreement: In order to keep costs down, many landlords resort to making […]
Relocating to South Africa
Moving to a new country entails more than just packing your bags and boarding a plane. If you are contemplating a more permanent move to South Africa, applying for the correct visa should be at the top of your list of priorities. If you are merely visiting South Africa, a Visitor’s Visa will be required […]