February 14, 2018

Finally, relief for separated or divorced parents seeking exemption from paying public-school fees

The dilemma It is unfortunately an all too common occurrence that when partners separate, and spouses divorce, one parent is granted custody of the children, while […]
February 14, 2018

Need copies from the Master’s Records? We can assist!

Are you a Trustee of an Inter Vivos Trust, but cannot find the original Trust Deed or Letter of Authority when the Trust’s Bankers ask for […]
November 13, 2017

When would I need more than one Will?

By Sisteen Geyser – Director, Estates and Trust Department A South African client who owns property in Namibia and the UK, recently asked me what would […]
November 13, 2017

Is your Business POPI Compliant?

POPI refers to South Africa’s Protection of Personal Information Act which regulates the Processing of Personal Information. What is Personal Information? This means any information relating […]
October 11, 2017

When does prescription of a debt start?

Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not […]
October 11, 2017

Municipal debt invalid, the Constitutional Court has ruled

On 23 May 2017, the Constitutional Court heard an application for confirmation of an order of the High Court of South Africa, that declared section 118(3) […]
October 11, 2017

When does a General Power of Attorney lapse?

By Sisteen Geyser – Director, Estates and Trust Department If a person who needs to have a legal act done while being unable to attend to […]
September 20, 2017

Dying without a Will, especially whilst owning Immovable Property, is a Recipe for a Family Feud:

By Sisteen Geyser – Director, Estates and Trust Department It is a common but unfounded belief that the State will take over your assets if you […]
September 20, 2017

Classes of shares: Something to consider

By Richard Stevens – Director, Commercial Department The Companies Act 71 of 2008 (“the Act”) provides that a company’s memorandum of incorporation (MoI) must set out […]
September 20, 2017

What is the Role of the Independent Trustee after 1 March 2017?

By Sisteen Geyser – Director, Estates and Trust Department The Master recently published Guidelines setting out requirements for the appointment of an Independent Trustee, “where the […]
August 14, 2017

Directors of companies: Liability, Indemnification and Insurance

In terms of the previous Companies Act directors could generally only act with the consent or approval of shareholders in a number of cases. The Companies […]
July 11, 2017

Changes in Trust administration at the Master’s Office Part two: Amendment and Deregistration of Trusts

Recently we published an article about the changes in the way the Master’s Office deals with Trust Administration in terms of a Circular issued in March […]
June 30, 2017

Changes in trust administration at the Master’s Office Part one: Trustees

The Master of the High Court recently published a Circular which changes the way in which Trust Administration is handled by the Master’s Office.  Some of […]
June 30, 2017

Changes in trust administration at the master’s office Part two: amendment and deregistration of trust

Recently we published an article about the changes in the way the Master’s Office deals with Trust Administration in terms of a Circular issued in March […]
June 7, 2017

Antenuptial contracts: With or without the accrual system?

The default matrimonial property law regime in South Africa is a marriage in community of property.  This happens by law if parties sign a marriage register […]
June 7, 2017

Employers Beware: Dismissal for Poor Performance Could Backfire

It is reasonable to want to dismiss an employee for not performing on the job, or failing to meet a specific target. However, Employers should ensure […]
June 7, 2017

How and when to use the small claims court

The small claims court (SCC) is for any natural person who wants to institute a minor civil claim against someone else. Juristic persons, for instance a […]
May 16, 2017

Can I amend my Will?

Having a Will is a final statement of how you want your assets to be managed after your death. However, sometimes you may want to change […]
May 16, 2017

When is there a cooling-off period after a sale; allowing a purchaser to have second thoughts?

Consumer Protection Act The Consumer Protection Act (CPA) provides for a cooling-off period if a transaction results from direct marketing, allowing a purchaser to get out […]
May 16, 2017

5 Reasons to do Estate Planning TODAY

Drawing up a Will and doing Estate Planning may sound like hard work, but here are some reasons why you should do this TODAY: It means […]
April 20, 2017

My neighbour is a nuisance

It is the third night this week you cannot sleep, because your new neighbour enjoys playing loud rock music late at night. Being kept up till […]
April 20, 2017

Government’s administrative decisions

To safeguard against administrative decisions going wrong, the Promotion of Administrative Justice Act of 2000 (PAJA) gives individuals and legal entities the right to fair, lawful […]
April 20, 2017

Managing the administration of a deceased relative’s estate

The Administration of Estates Act, 1965, determines what must happen with an estate after a person’s death, to ensure that the process is properly managed. This […]
March 20, 2017

Cluver Markotter welcomes Sherine as a director and Jana to the team

Sherine Roberts has been promoted to the position of director at Cluver Markotter on 1 February 2017. She joined the firm as a senior associate in […]
March 20, 2017

Co-owning property with someone else: the ups and downs

What is co-ownership? Co-ownership involves that two or more people jointly own the same property, for example land. In essence, they legally share ownership without dividing […]
March 20, 2017

How can a person get married in South Africa?

A person can get married by way of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a […]
March 20, 2017

Adopting a child in South Africa

Adoption is the legal act of permanently placing a child with a parent or parents other than the child’s birth mother or father. A legal adoption […]
February 23, 2017

Don’t let the smoke leave you broke: Farmers’ duties regarding fires

The National Veld and Forest Fire Act No. 101 of 1998 (“the Act”) is a legislative tool to help farm owners prevent potential financial and infrastructure […]
February 23, 2017

Interest free loans to trust – not so free anymore?

By Sisteen Geyser If a Trust owes you money on loan account and the loan is interest free, or the interest rate charged on the loan […]
February 23, 2017

Trusts – What records should be kept and who can request information about trusts?

By Sisteen Geyser Ever wondered what records should be kept by trustees and whether you can request documents or details from the Master of the High […]
January 12, 2017

Transfer of a property: Is VAT or transfer duty payable?

A purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to […]
January 12, 2017

What to do after a car accident?

If a driver of a vehicle, at the time when the vehicle is involved in or contributes to any accident in which any person is killed […]
January 12, 2017

What are tenant and landlord duties?

When it comes to letting a property – both the tenant and the landlord should always enter into any letting agreements openly and honestly and intending […]
November 8, 2016

Pay your levies, or else…

Dear Mr Lawyer I am the owner of a sectional title, and I have paid my levies every month as required, until the water started seeping […]
November 8, 2016

Let your child study law

On 1 August 2013 PPS released the latest results of the South African Legal Services Survey. Of the legal professionals, including 423 attorneys, who participated in […]
November 8, 2016

Don’t speed through life

Jack Louw was used to driving fast cars – he was practically born with one foot on the accelerator. Jack was also born into a very […]
November 8, 2016

Trouble with the neighbours

You and your neighbour have been good friends for years; your children have grown up together and you have always thought of him as a reasonable […]
October 12, 2016

Standard acknowledgements of debt and the National Credit Act (NCA)

The new NCA does not only regulate installment sale agreements and lease agreements in respect of movables as was done by its predecessor, the repealed Credit […]
October 12, 2016

Dealing with marriage and estate planning

It is important to understand the legal implications of the marital property regime, especially when drafting a Last Will and Testament and also when entering into […]
October 12, 2016

Consider your claim carefully: Some of the need to know facts in the event of a third party claim against the RAF (Road Accident Fund)

The Road Accident Fund (hereinafter referred to as the RAF) has over the years created the assurance that public road users will be covered in the […]
October 12, 2016

Protect yourself and your children: STOP HARASSMENT like this …

Obtaining a protection order from harassment has never been so easy and so cost-effective. But why is this important, considering that until now a protection order […]
September 7, 2016

Implications of estate duty

Estate duty is charged on the dutiable value of the estate in terms of the Estate Duty Act. The general rule is that if the taxpayer […]
September 7, 2016

Why is the transfer of my property taking so long?

After signing a deed of sale, the purchasers often want to move into the property with great excitement and as soon as possible. When they are […]
September 7, 2016

The Living Will

Most people are familiar with a will or testament and understand the importance of having this legal declaration drafted, by which the testator nominates an executor […]
September 7, 2016

The Traffic Officer confiscates your cellphone: What you should know!

Since 2011 the City of Cape Town: Traffic By-Law, 2011 has made it possible for an authorised officer to confiscate your cellular device if you are […]
August 12, 2016

Is it beneficial to create a Trust?

A Trust can be described as a legal relationship which has been created by the founder, who places assets under the control of Trustees. This either […]
August 12, 2016

Can somebody take the law into his/her own hands?

The mandament van spolie is a summary remedy, usually issued upon urgent application, aimed at restoring control of property to the applicant from whom it was […]
August 12, 2016

Can I still go to the CCMA after I settled?

If an employee has been demoted after a fair process and has accepted the demotion, could they still go to the CCMA for unfair labour practice. […]
August 12, 2016

Should I use a protection order or a harassment order?

There are people who suffer emotional and physical abuse on a daily basis but are not quite sure what they can do to prevent it. There […]
July 13, 2016

How can I evict my tenant lawfully?

You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate […]
July 13, 2016

Government administrators making wrong decisions

Occasionally, government administrations make decisions that people don’t understand or agree with. In cases such as these there are procedures to follow that ensures administrative justice. […]
July 13, 2016

I bought something that doesn’t work

Sarah buys furniture from Mark who promised her that the furniture is of good quality. However, he doesn’t notify her about problems with the furniture. Later, […]
July 13, 2016

Managing disputes over a deceased relative’s estate

If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a […]
June 13, 2016

Cluver Markotter welcomes its latest appointees

F.l.t.r. Marnes de Wet, Sherine Roberts, Retha Oosthuizen, Marike Koen, Brendon Hess and Herna Beviss-Challinor Cluver Markotter Incorporated made several new appointments this year and is […]
June 13, 2016

Shareholder claim for diminution of share value

Retha Oosthuizen Does a shareholder in a company have a claim against a director or third party who committed a wrong against the company and so […]
June 13, 2016

The rights of commissioning parents in a Surrogacy Agreement to maternity leave

Alex refers a dispute to the CCMA on the basis of unfair discrimination, because his company refused to grant his application for maternity leave due to […]
June 13, 2016

Can I still make a case of unfair labour practice if I have settled?

In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts […]
June 13, 2016

What is the role of the Family Advocate?

The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce […]
May 16, 2016

The application of the talem qualem rule

In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might […]
May 16, 2016

When does a claim prescribe?

The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive […]
May 16, 2016

Public nuisances: Legal rights in terms of legislation

Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender shall be liable […]
May 16, 2016

Sportbeserings: Wie is aanspreeklik?

Kontak sporte gee dikwels daartoe aanleiding dat die spelers daarvan ernstig beseer word. Kan iemand aanspreeklik gehou word vir hierdie beserings, of neem jy, as deelnemer, […]
April 6, 2016

Commencement of Business Rescue proceedings

Is your company experiencing financial strain? Are creditors breathing down your neck? Business Rescue proceedings may be a solution to your problems. Business Rescue is a […]
April 6, 2016

Who are occupiers in terms of the EST act and why are they excluded from the ambit of the PIE act?

The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (“PIE Act”) provides, inter alia, the procedures for the eviction of unlawful occupiers. […]
April 6, 2016

Die toepassing van die talem qualem-reël

Wanneer ‘n dader ‘n slagoffer skade aandoen, gebeur dit soms dat die slagoffer meer skade ly as wat ‘n mens sou verwag. Dit mag veroorsaak word […]
April 6, 2016

Right of a domestic worker to a Christmas bonus

Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than […]
March 29, 2016

Cluver Markotter Ingelyf verwelkom ons nuwe Assosiate

Dit is met trots dat ons aankondig dat die kandidaatprokureurs wat in 2014 by ons aangesluit het, op 5 Februarie 2016 as Prokureurs van die Hooggeregshof […]
March 29, 2016

The application of the talem qualem rule

In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might […]
March 29, 2016

Differences between public and private schools in South Africa

In terms of Section 5 (3) (a) of the South African Schools Act No 84 of 1996 no learner may be refused admission to a public […]
March 29, 2016

Who is to blame?

Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was […]
November 30, 2015

Do’s and don’ts of suretyship

On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, […]
November 30, 2015

Openbare oorlaste: Wetlike regte in terme van wetgewing

Persone wat ontwrigtende dade van onaanvaarbare gedrag in openbare plekke pleeg, mag gewaarsku en daarna deur die owerhede in hegtenis geneem word. Die oortreder sal aanspreeklik […]
November 30, 2015

Discrimination against pregnant women in the workplace

Employees are often faced with a difficult situation in the workplace when falling pregnant. Many establishments react unfavourably towards female employees that fall pregnant. These employees […]
November 30, 2015

Wanneer verjaar ‘n eis?

Die kwessie rakende die regsaard van ‘n verdedigende eis en of dit aanleiding gee tot skuld wat onderworpe is aan die drie jaar uitwissende verjaringstermyn is […]