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 […]
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 […]