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June 4, 2019
The recent Constitutional Court judgment in Allan Long v South African Breweries (CCT61/18) [2019] ZACC 7 (19 February 2019) provides clarity on the law relating to […]
June 4, 2019
A twice-married and twice-divorced couple were involved in a dispute over immovable property with a creditor of the husband, in Fischer v Ubomi Ushishi Trading and […]
May 2, 2019
Trustees manage the trust assets on behalf of the beneficiaries and must act with skill, due care and in good faith and, but their work is […]
May 2, 2019
A local authority may refuse to approve building plans on certain aesthetic grounds, in terms of section 7(1)(b)(ii)(aa) of the National Building Regulations and Building Standards Act […]
April 4, 2019
In the case of Oosthuizen v Castro (Centriq Insurance Co Ltd as Third Party) [2017] 4 All SA 876 (FB) the court confirmed the duty of […]
April 4, 2019
Can a licensed electronic communications services provider install fibre-optic cable over land without the owner’s consent, or is the owner entitled to refuse, or to impose […]
March 4, 2019
Persons active in the property industry will soon be subject to new legislation, bringing some important changes. The National Assembly has adopted the Property Practitioners Bill […]
March 4, 2019
In today’s digital age, business communications and negotiations are often conducted by e-mail, and electronic transactions with electronic signatures are common. In a recent case the […]
January 9, 2019
In 2010 a dispute between two hawkers, involving slaps and pushing, resulted in one of them, Lloyd Madhinha, being arrested, having his fingerprints taken, and charged […]
January 9, 2019
Can a disciplinary process be carried on against an employee after he has resigned? This was the issue in the case of Coetzee v Zeitz Mocaa […]
December 4, 2018
Section 71 of the Companies Act (“the Act”) provides two options for removing a director. First, by an ordinary resolution adopted by the shareholders of the […]
December 4, 2018
It is important that your family at all times have access to important legal documents and information. Important legal documents include a copy of your Will; […]
November 1, 2018
Introduction When a lease agreement expires, it is common that parties do not enter into a new written lease agreement, but simply renew and thereby extend […]
November 1, 2018
Often the inheritance of minor beneficiaries under a Will must be administered on their behalf after the death of the Testator. One way of doing so, […]
October 1, 2018
What if the Executor passes away before a Deceased Estate Administration Process has been finalized?
If the Executor of an Estate has appointed an Agent to administer the Estate, and the Agent passes away before the Estate Administration had been finalised, […]
October 1, 2018
Evicting squatters and unlawful occupiers from property can be a difficult, costly and time-consuming process. If you want to sell a property with unlawful occupiers on […]
September 3, 2018
What if the executor passes away before a deceased estate administration process has been finalized?
If the Executor of an Estate has appointed an Agent to administer the Estate, and the Agent passes away before the Estate Administration had been finalised, […]
September 3, 2018
When selling a property, be aware of the dangers of paying double commission: to an estate agent involved in the final negotiation and effectively causing the […]
September 3, 2018
If you have recently bought a vacant plot within a development with the intention to build a house there, be aware that your purchase agreement probably […]
August 6, 2018
A Will which is regular and complete on the face of it will be presumed to be valid until such time as it is established that […]
August 6, 2018
An award of costs in litigation serves to reimburse the successful party. In the case of Trustees for the time being of the Biowatch Trust v […]
August 6, 2018
What is a Proxy? Section 58(1) of the Companies Act, No. 71 of 2008 (“the Act”) provides for proxies. A shareholder is entitled to appoint […]
July 23, 2018
The Companies Act, No. 71 of 2008 (“the New Act”) allows that shares in a company may be held by a nominee on behalf of a […]
July 9, 2018
The appointment of a parenting coordinator or facilitator has become a regular feature of divorce litigation where the interests of children are in issue. In TC […]
July 9, 2018
Section 66(1) of the Companies Act, No. 71 of 2008 (“the Act”) provides that the board of directors is responsible for the management of the business […]
June 1, 2018
Remember that your claim against a debtor can lapse after a certain period of time. This happens in terms of the legal rules on extinctive prescription. […]
June 1, 2018
The appointment of a parenting coordinator or facilitator has become a regular feature of divorce litigation where the interests of children are in issue. In TC […]
May 2, 2018
What happens when somebody who is not a relative passes away, and you are aware that the person has assets, but no family to take care […]
May 2, 2018
South African labour law imposes important obligations on the employer when it comes to sexual harassment in the workplace. This was confirmed in the case of […]
April 6, 2018
You may have heard that the estate duty rate and donations tax rate have been increased with effect from 1 March 2018. This is in […]
April 6, 2018
Written contracts commonly contain a non-variation clause. This clause usually reads something like the following: “No alteration, variation of or addition to this Agreement shall be […]
March 2, 2018
A right of extension, in terms of Section 25 of the Sectional Titles Act 95 of 1986 (“the Act”), allows the developer of a sectional title […]
March 2, 2018
South African law regards repudiation of a contract as a form of breach. What is repudiation and what are its consequences? In Van Rooyen v Minister […]
February 14, 2018
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
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
A South African client who owns property in Namibia and the UK, recently asked me what would happen to his offshore assets if he were to […]
November 13, 2017
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
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
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
If a person who needs to have a legal act done while being unable to attend to it personally, because of illness or being outside the […]
September 20, 2017
It is a common but unfounded belief that the State will take over your assets if you die without a Will. The Intestate Succession Act, no. […]
September 20, 2017
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
The Master recently published Guidelines setting out requirements for the appointment of an Independent Trustee, “where the trust is registered for the first time with the […]
August 14, 2017
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
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
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
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
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
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
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
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
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
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
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
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
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
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 […]