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 is ordinarily resident in South Africa at the time of death, all of his/her assets (including deemed property), wherever they are situated, will be included in the gross value …
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 informed of the process involved prior to the property being transferred this may place a damper on their excitement. Coupled with this there may even be delays in the …
Why is the transfer of my property taking so long? Read More »
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 to manage his or her estate and provide for the distribution of his or her property to beneficiaries when he or she dies. But how many people have considered …
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 caught using it in your car while driving. If you end up getting caught red-handed, these are a few things you should know to make sure that all the …
The Traffic Officer confiscates your cellphone: What you should know! Read More »
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 happens during the founder’s lifetime (inter vivos trust) or at the death of the founder (testamentary trust). This article will focus on the advantages and disadvantages of an inter …
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 taken through unlawful self-help, without investigating the merits of the parties’ rights to control. From the definition above it is evident that this remedy is unique, because it is …
Can somebody take the law into his/her own hands? Read More »
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. It’s important to first take into account the circumstances. A case involving Builders Warehouse The facts in Builders Warehouse (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and …
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 are two options available to them. They can either apply for a protection order or apply for a harassment order. However, many people do not know the difference between …
Should I use a protection order or a harassment order? Read More »
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 the lease contract and evict the tenant. Are you allowed to do that and how do you get started? Firstly, there has to be valid reasons to evict a …
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. The Promotion of Administrative Justice Act allows you to have a say in matters that affect your rights. The Promotion of Administrative Justice Act of 2000 (PAJA) gives people …
Government administrators making wrong decisions Read More »