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November 18, 2019
From 1 January 2020 the process of obtaining a certified copy of a lost or destroyed title deed, conferring title to land, a registered lease or […]
November 5, 2019
Shareholders in a private company are not normally liable for the debts of the company, but there are instances where they may be, upon deregistration or […]
November 5, 2019
A contract party may commit breach of contract by insisting on the incorrect interpretation of a material term of the contract, even if acting in good […]
October 1, 2019
The Rental Housing Act 50 of 1999 (“the Act”) governs all residential lease agreements in South Africa. Section 5(5) of the Act states that should a […]
October 1, 2019
At this time of the year, our firm would like to remind our clients of the importance of drawing up a Will, or updating your Will […]
September 6, 2019
The payment of legal costs and maintenance while parties are engaged in divorce litigation is often a crucial issue, which is regulated by Rule 43 of […]
September 6, 2019
The Rental Housing Amendment Act 35 of 2014 (“the Amendment Act”) will bring about important changes to the relationship between Landlords and Tenants, once it comes […]
August 8, 2019
Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in […]
August 8, 2019
What is inclusionary housing development and will this become a feature of housing policy in South African cities? The housing policy recently adopted for Johannesburg provides […]
August 8, 2019
Homeowners installing solar energy systems must comply with the registration requirements applicable in certain areas; and the owners of units in Sectional Title Schemes may have […]
July 3, 2019
Is registration as a credit provider under the National Credit Act 34 of 2005 (“the NCA”) required for a once-off credit agreement? This was the issue […]
July 3, 2019
Commercial users of water must ensure that their water use is properly registered and validated in terms of the National Water Act No. 56 of 1998 […]
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
Does paying an admission of guilt fine leave you with a permanent criminal record? by Dr Max Loubser
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 […]
March 20, 2017
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 […]