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 […]
Register your solar panel with the City of Cape Town
The City of Cape Town announced at the end of 2018 that the failure to register your solar panel with the City of Cape Town before 28 February 2019 may result in heavy fines being imposed, additional service fees and disconnection of electricity. The registration date has now been extended to 31 May 2019 and […]
The impact of the Competition Amendment Act
by Caitlin Harvey Competition law in South Africa is an area of law that aims to maintain and promote competition in the South African market. Since 1998, competition law in South Africa has been regulated by way of the Competition Act (“the Act”). It is relevant to many businesses, as companies naturally compete with each […]
Capital gains tax and withholding tax for non-resident sellers
by Erlise Loots Capital gains tax In South Africa, a so-called capital gains tax (“CGT”) is triggered when any immovable property situated in South Africa is sold. The net capital gain is generally calculated by deducting all deductible capital expenses relating to the property (known as “base costs”) from the selling price of the property. However, […]
Recent developments regarding parental leave in South Africa
by Bisset Boehmke McBlain The beginning of a new year often brings with it decisions of a life-changing nature. Many couples and individuals will decide that this is the year to start a family. In South African law, major changes to parental leave were introduced to help working parents adjust to the demands of new […]
The effective cause of a sale
by Leanne Williams The buying and selling of a property can be an intimidating and complex process. The sale process involves specialised skill and knowledge and therefore it is customary to make use of different professionals who can ensure a smooth and successful transaction. These professionals include, but are not limited to, real estate agents […]
Regulation 68 Suspension
On 14th February we notified you of the impending amendments to Deeds Registries regulations dealing with the procedure for applications for replacement copies of title deeds. These were to have become effective from 25th February. Today the Chief Registrar of Deeds has issued a circular to announce that the Deeds Registries Regulations Board (the Board) […]
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Lost Title Deeds
It is now important for all property owners to confirm the whereabouts of their original title deeds as recent regulations published on behalf of the Minister of Rural Development and Land Reform dealing with lost or destroyed title deeds of fixed property will commence on 25 February 2019. These regulations bring certain changes to the […]
New CIPC requirement for the removal of a director by shareholders
The Companies and Intellectual Property Commission (CIPC) recently issued a notice regarding the requirements for the lodging of an application for the removal of a director of a company by the shareholders. The relevant sections of the Companies Act of 2008 (“the Act”) do not specifically set out the grounds for the removal of a […]
The highest bidder – buying property on auction
Potential buyers should be aware that a property sold on auction is not necessarily a bargain buy. This is because the property on auction isn’t necessarily being sold due to financial distress. Property owners now frequently turn to auction as a means of selling their property as soon as possible and for as a high […]
Choose your guardians wisely
My husband and I have two minor children. I am concerned about who will look after our children in the event of my husband and I passing away at the same time. We have been advised to nominate guardians in our wills. What should I keep in mind when choosing guardians? Choosing guardians for your […]
The Cybercrimes and Cybersecurity Bill: Beware of what you say online
South Africans will soon have to be much more careful about posting messages on WhatsApp and other social media platforms, as the Cybercrimes and Cybersecurity Bill (“the Bill”), which is currently under consideration by the National Council of Provinces, attempts to police malicious messaging. Cybercrime is on the rise and the Bill essentially aims to […]
Investing in a Rental Property
Buying a rental property could be an incredible investment opportunity, however, it’s important to make a well-informed decision before investing, as it is not for everyone. Although investing in a rental property provides many benefits, such as a potential extra income, and a way of paying off the property, it poses certain risks as well. […]
What to look out for, before signing a lease agreement
Tenants often don’t read carefully through the terms and conditions contained in their lease agreement and this can cause problems down the road. A properly drafted lease agreement will ensure that both parties’ rights are protected. Both parties must ensure that all the necessary information is included in the lease agreement, along with any additional […]
The pros and cons of renting a property
One of the biggest dreams that most people have, is to one day own their own home. However, that is easier said than done. Dreams of owning big houses with backyards turned into renting small apartments. The choice between renting a property and buying a property is often a difficult decision to make. Renting a […]
Maintenance orders and variation
Maintenance orders and variation Maintenance is that part of the divorce order which is not a final determination of the rights of the parties. However, as long as a court order exists for maintenance for a certain amount, the person against whom a maintenance order was granted must abide by that order. In cases where […]
What does the process of adoption entail?
The adoption process is regulated in South Africa by the Children’s Act 38 of 2005 (“the Act”). Adoption is one of the ways to help give abandoned minors a permanent or stable family life, which they would otherwise not have had. The Act provides that a child is adopted if the child has been placed in the permanent […]