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: 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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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, […]