Online access to and distribution of information has become an integral part of society. This enhances public awareness and transparency, but false information can cause uncertainty and disruption. This article explores how the spreading of false information, or so-called “fake news”, may entail legal liability for WhatsApp users and group administrators. The Constitution of the …
Guidelines issued by the Competition Commission on 10 December 2020 (“the guidelines”) aim to increase competition through encouraging greater participation of independent services providers (“ISPs”) in the “Automotive Aftermarket” industry, as well as promoting consumer choice in the purchase of vehicle maintenance and service plans. In the Guidelines the “Automotive Aftermarket” is defined to mean, …
Guidelines for the competition in the Automotive Aftermarket By Khomotso Mamburu Read More »
Agreements for the alienation of immovable property must be in writing and must be signed by the parties. Can this be done electronically? Section 2(1) of the Alienation of Land Act, 68 of 1981 (“the Act”) provides as follows: “No alienation of land after the commencement of this section shall, subject to the provisions of …
When does an undertaking to pay maintenance, forming part of a divorce settlement (consent paper) and incorporated into an order of court, become prescribed in terms of the Prescription Act No. 68 OF 1969? This was a question the Western Cape High Court recently had to decide, in SA vs JHA & Others (7531/2020) [2020] …
In the unsettled current economic circumstances, tenants are often unable to continue with fixed-term residential lease agreements, resulting in early cancellation of the lease. Tenants who are “consumers” in terms of the Consumer Protection Act (“the CPA”) are entitled to early cancellation of a fixed-term lease. Section 14(2)(b) of the CPA provides that if a …
This year saw the publication of two books by Cluver Markotter director, Prof Max Loubser. Extinctive Prescription (2nd edition), deals with the effect of the passage of time on obligations (debts), in terms of the Prescription Act 68 of 1969. This book has become a standard textbook on the law of prescription and is often …
Two book publications this year by Cluver Markotter director, prof Max Loubser Read More »
The majority of property owners within the Stellenbosch Municipal Area recently received the latest valuation particulars in respect of their properties published on the General Valuations Roll in terms of the Local Government: Municipal Property Rates Act, 2004 (Act 6 of 2004). The Property Rates will be calculated and payable on the new valuations from …
Stellenbosch Municipality: Objection to valuation of value of property Read More »
In our experience of legal action against land occupation the driving force of land invasion is often the insidious practice known as “plot farming”. In communities with a dire need for housing in sub-urban areas, this practice is employed to create the false pretense of an opportunity to obtain a piece of land. Plot farming …
A divorce is often both financially and emotionally taxing for the parties. One of the matters requiring attention is that of a Will containing bequests to a former spouse. This is also a matter dealt with in legislation. Section 2B of The Wills Act 7 of 1953 provides that if a person dies within 3 …
An asset-for-share transaction can be defined as a transaction whereby a person (“Transferor”) disposes of an asset to a Company and the Company, in turn, issues shares for the asset. Immovable property is often acquired through asset-for-share transactions and the focus of this article is on the possible Transfer Duty implications. The requirements of asset-for-share …
The Transfer Duty Implications of Asset-for-Share transactions by Jean de Wet Read More »