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 […]