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Penalties for late rental payments in a residential lease agreement by Bianca du Toit

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Are penalty clauses for late rental payments in residential lease agreements enforceable? The Rental Housing Act 50 of 1999 (“RHA”) regulates all residential lease agreements and provides for provincial regulations regarding unfair practices. Section 15(1)(f) of the RHA states the following: “The MEC may, after consultation with the relevant standing or portfolio committee of the …

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Director’s duty to disclose financial interests by Carl Prinsloo

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Directors have a duty of disclosure where personal interests may be in conflict with that of the company and other stakeholders in the company. Section 75 of the Companies Act, 71 of 2008 (“the Act”) describes the circumstances where this duty of disclosure to the board of directors or shareholders applies. When does the duty …

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Cybercrimes Act becomes law By Khomotso Mamburu

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The Cybercrimes Act 19 of 2020 (“the Act”) has become law, creating a number of new offences relating to the use of computers, data and the internet. The date of commencement of the Act is yet to be announced. Offences and penalties The Act creates offences and imposes penalties for the following: unlawful and intentional …

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130 YEARS YOUNG

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  Not many businesses can claim to have survived and prospered for 130 years.  Cluver Markotter celebrated this milestone on 1 May 2021. It all began when Paul August Carl Dietrich (Paul) Cluver was admitted as an attorney and notary public in 1891 and began practicing under the name of Paul D Cluver in the …

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Cluver Markotter Inc.: POPIA Notice by Lorinda van Niekerk

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1. INTRODUCTION 1.1. Cluver Markotter Inc processes personal information and other confidential information of individuals and juristic persons to deliver legal services to our clients. The nature of the personal information which we process, depends on the legal service we render in each matter, as well as the legislative requirements to be adhered to by …

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Aiding and abetting an illegal foreigner by Tyla Geldenhuys

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FOREIGN BUYERS OF IMMOVABLE PROPERTY: PITFALLS As a general rule foreigners who live outside South Africa are not prohibited from buying immovable property in the Republic.  However, foreigners physically present in the Republic at the time of the purchase must comply with visa requirements.  Purchases by non-compliant foreigners are illegal; and assisting with such purchases …

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Registration of credit providers under the NCA by Zorada Temmingh

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REGISTRATION AS A CREDIT PROVIDER UNDER THE NATIONAL CREDIT ACT Lending money without being registered as a credit provider may have a dire effect on your rights as a lender. It is therefore important to know whether you are required to register as a credit provider under the National Credit Act (“the Act”) before entering …

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Arbitration costs award – An indefinite claim? By Stacy-Lee Dennis

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INTRODUCTION When does a claim for costs arising from an arbitration award become prescribed? This question involves a number of issues under the Prescription Act 68 of 1969 (Prescription Act). In Brompton Body Corporate v Khumalo 2018 (3) SA 347 SA (SCA) (Brompton) it was held that an arbitration award does not create a new …

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Validity of electrical compliance certificates By Bianca du Toit

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BACKGROUND In a property transaction the seller is often required to furnish the purchaser with a valid Electrical Compliance Certificate (“Certificate”) before transfer.  The purpose is to provide a warranty to the purchaser that the electrical wiring and installations on the property are in order.  How long does the Certificate remain valid; and does it …

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Abusing the principle of separate corporate identity: A court warning to trustees of a shareholder trust by Lizanne Visser

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It is a well-established principle that a company is a separate juristic person, distinct from its shareholders and directors. This is significant, because it implies ‘limited liability’ – the shareholders will not be held liable for the debts incurred by the company. Only in exceptional circumstances will the courts impose liability on shareholders for the …

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