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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 […]
Landmark judgment regarding Muslim Marriages
by Sophie Robertson The Western Cape High Court on 31 August 2018 handed down its judgment in the case of Women’s Legal Centre Trust v President of South Africa and Others, ordering the South African government to enact legislation which will give legal recognition to Muslim marriages. This is a significant and welcomed development in […]
Making information protection your business
by Nicozaan Finestone-Jordaan Companies worldwide, from small to international businesses, are realising that information is an important strategic asset. Businesses are devising new ways of collecting and leveraging information to their and their clients’ benefit. Client information gives businesses access to client behaviour, preferences and needs.However, holding personal information also has a flipside – in […]
Weeding out fact from fiction
by Sophie Robertson Weed, dagga, cannabis and dope have been some words buzzing around the legal and public spheres in the last few months. This flows from the highest court in the country making a landmark ruling, confirming the earlier ruling of the Western Cape High Court. On 18 September 2018 the Constitutional Court ordered […]
Things to consider before starting your small business
by Natalie Macdonald-Govender Starting your own business is an exciting adventure, but nerve-wracking at the same time. It is important to have a well-thought out strategy when setting out to start your business. Protecting your business legally should be considered before you put any plans into action, and not an after-thought! Sole Proprietorship/ Company? What should […]
Evictions: Know the law
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE Act”) affords protection to tenants against unlawful eviction. Regarding the eviction process, the PIE Act stipulates, in general terms, the following: there are certain procedures must be followed; notice of the intention of getting a court order must be […]
Make sure your will is properly executed when you sign!
When executing a will, it is important to ensure that you have signed it correctly and in accordance with the Wills Act 7 of 1953 (the “Wills Act”). The formalities for the valid execution of a will are set out in the Wills Act. Portion of Section 2 (1) of the Wills Act, Act 7 […]
Memorandum of Understanding: Binding and enforceable or not?
It often happens that parties to a business venture have discussions which they then decide to set out in writing, encapsulating the salient points of their understanding and setting out a proposed timeline for the finalisation of the various substantive agreements to be concluded in future. These expressions of understanding and/or intent can adequately be […]
Tobacco and e-cigarettes – The way forward
The Minister of Health released the Control of Tobacco Products and Electronic Delivery Systems Bill of 2018 earlier this year. The main focus of the Bill is to regulate where smoking can take place, together with the sale and advertising of tobacco products and electronic delivery systems, including packaging. The aim is to limit the […]
Non-resident purchasers – What to consider
We often receive queries from non-resident clients who wish to invest in property in South Africa. There are various considerations to bear in mind when purchasing property. This article briefly discusses what a non-resident should consider, before purchasing property in South Africa. Should I purchase property in my personal capacity, a trust, or in the […]