Litigation versus mediation
Litigation is the primary method of dispute resolution in the South African justice system. However, there are disadvantages attached to it, such as: the adversarial nature of the process, which often leads to further conflict between the parties involved in the litigation; the highly complex, costly and time-consuming nature of litigation; and court rolls having […]
A body corporate’s right to issue fines
In an estate or sectional title scheme, it is challenging to ensure that everyone will stick to the conduct rules. To support a harmonious living environment, the body corporate sometimes needs to enforce the rules and issue fines to the transgressors. This raises the question of what the powers of the body corporate are, in […]
Recent judgment on the placement of temporary employees by labour brokers
The Constitutional Court recently delivered a landmark judgment regarding the placement of temporary employees by labour brokers. It has become common practice for labour brokers to place temporary employees with clients. This often results in a situation where a temporary employee is placed with a client for an indefinite period, with no prospect of permanent […]
A short overview of the implications of the National Health Insurance Bill
The Minister of Health recently released the National Health Insurance Bill of 2018 (“NHI”) for public comment. The NHI Bill aims to give effect to Section 27 of the Constitution that provides that everyone has the right to access to healthcare services. The State must take reasonable legislative and other steps, within its available resources, […]
Mandela Day
For Mandela Day our staff pulled out all the stops to make sandwiches for Leliebloem house in Crawford. We also collected children’s books for the Community Chest book drive, as well as dry foods and clothing for those less fortunate. In the afternoon we delivered the sandwiches, together with juice and a personalised note for […]
Bisset Boehmke McBlain recently held our annual “Vacation Week” program.
The purpose of this week is to host law students with a view to exposing them to the practical side of the law as well as to meet legal professionals in the field. The students were given a tour of the High Court and local courts, were given an opportunity to meet counsel at the Cape […]
What to do when your loved ones can no longer care for themselves
There are several situations in life which 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 ageing related issues in general. To assist these people it is necessary to bring […]
We are married, but are you my spouse?
Muslim marriages in general, but polygynous Muslim marriages in particular, currently do not enjoy equal protection under South African law. Whilst waiting for Parliament to enact the Muslim Marriages Bill, the courts, in a litigious piecemeal fashion, have been attempting to address the issues faced by those married in terms of Shari’ah law. Section 2C(1) […]
Can the municipality disconnect my water and electricity?
Municipalities monitor services to a property, and may cut off the supply of said services in certain circumstances. However, municipalities also have the responsibility of remaining within the legal boundaries of managing the supply of services to properties. Accounts in arrears If one of your municipal services is in arrears, the municipality may disconnect whatever […]
What to include in a basic lease agreement
If you are considering leasing out your property, it is important that you, as landlord, and the tenant agree on your respective rights and obligations. A basic lease agreement should at least contain the below information, but in more detail: Basic information (who, where, what, duration) The details of those who are party to the […]
It’s tax season – Make sure you declare your Bitcoin gains!
Bitcoin… Ethereum… Litecoin… Dash… You may have been trading in cryptocurrencies over the past tax year. You may also have recently sold some of your long-term cryptocurrency investments. With tax season on the horizon, it is essential that firstly you declare your gains in your tax returns, and secondly that you declare your gains correctly, […]
Some helpful advice
Prepare your property insurance in advance, to ensure that your property will be insured once it is registered in your name. This can be arranged through your bank if you will be registering a mortgage bond. When you sell your property, you may pay capital gains tax to the South African Revenue Services. You will […]
The transfer process
If no transfer date is specified in the agreement of sale, registration of transfer of property into the purchaser’s name can usually take place within 2-3 months after the fulfilment of any suspensive conditions (assuming that both parties perform timeously). The seller’s conveyancer usually performs the transfer, and oversees the process. As a purchaser, you […]
Make sure you understand the sale agreement before you sign!
Once you have signed the sale agreement, you cannot claim ignorance of the contents of the agreement. It is highly recommended that you obtain legal advice before signing an agreement, to assist you in identifying any possible risks. It is also preferable for the parties to annex a “defects list” to the agreement of sale […]
Should I buy a residential property or a sectional title property
Whether you should purchase a residential property or a sectional title property depends on your situation and needs. With a sectional title property, a prospective purchaser should bear in mind that upon transfer of a sectional title property, the purchaser automatically becomes a member of the body corporate and is bound by the rules of […]
Should I purchase in my name, a trust or in a company?
Normally you will purchase the property in your own name, although you may wish to consider purchasing in the name of a trust or a company. It is advisable to engage the services of your legal advisor and/or tax practitioner to explore the potential legal and tax implications of purchasing in your personal name, a […]
Can I afford it, and what will it cost?
This is possibly the most important question to ask before you purchase your home. There are many hidden costs involved in purchasing a property- as the saying goes, failing to plan is planning to fail! If you do not have sufficient funds to pay for all the costs of transfer of the property, including unexpected […]
Things to think of when buying a home
It is exciting to purchase a home. For some, it may be the biggest investment they will ever make. It is therefore essential that all prospective purchasers plan a purchase in advance, to avoid a situation where the process becomes a stressful one. Can I afford it, and what will it cost? This is possibly […]
Substantial penalties for the late filing of annual financial statements
The Companies and Intellectual Property Commission (CIPC) is tasked with ensuring that companies comply with the provisions of the Companies Act. In terms of Section 30 of the Companies Act, a company is required to prepare its annual financial statements within six months of the end of its financial year and file it with CIPC, […]
The Position of Land Reform in South Africa Today
Land reform is a topic which is legal, political and emotional in nature. It is a topic which is relevant to all South Africans – not only those who currently own land but also for those who are looking to own land in the future. Foreigners who currently own or who are considering purchasing land […]