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December 3, 2019

Family rights to immovable property after death of the owner by Trust and Estates

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 […]
December 2, 2019

How long can you wait to call up a performance guarantee payable on demand? by Marieke du Toit

Can a guarantee payable on demand be called up even though the contractual debt forming the basis of the guarantee has become prescribed? The Pretoria High […]
December 2, 2019

Speeding in private residential estates: Are penalties enforceable? by Johanei Borstlap

In Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30 (28 March 2019) considered an appeal against […]
December 2, 2019

Family rights to immovable property after death of the owner by Trust and Estates

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 […]
November 18, 2019

Title Deed lost? Act without delay. by Cleo Cupido

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

Shareholder liability for debts of a company by Alden Klaasen

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

Breach of contract by bona fide insisting on incorrect interpretation of the contract by Pierre Lombard

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

Termination of a Residential Lease: What does ‘one month’s written notice’ mean? by Marieke du Toit

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

When last did you update your Will? by Sisteen Geyser

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

Payment of costs and maintenance pending divorce: Rule 43 applications By Jean de Wet

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

Changes coming for landlords and tenants: Rental housing amendment act by Cleo Cupido

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

Family rights to immovable property after death of the owner By Sisteen Geyser

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

Inclusionary Housing Development By Joshua Rutgers

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

Solar Energy Systems: Regulatory requirements for Homeowners By Marieke du Toit

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

Once-off credit agreements: Is registration as a credit provider under the National Credit Act required? by Johanei Borstlap

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 water use: Validation and verification process by Pierre Lombard

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

Do Employees Have a Right to a Pre-Suspension Hearing? by Wasseem Hussain Goolam

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

Immovable property: marriage, divorce and creditors by Bianke Wallendorf

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

How much may Trustees pay themselves? by Sisteen Geyser

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

Refusal to approve building plans on aesthetic grounds by Joshua Rutgers

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

Financial advisor should exercise reasonable skill and care by Cleo van Rooyen

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

Laying fibre-optic cables: the landowner’s rights by Sandiso Sogula

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

New act on property practitioners coming by Pierre Lombard

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

Can you validly amend a contract by e-mail? by Lizl Barnard

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

Disciplinary process against employee who has resigned?

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

Should reasons be given when shareholders remove a director?

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

Tidy up before the end of the year! Get your important documents in order.

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

Take care when renewing a lease agreement

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

Why a Testamentary Trust?

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

Duty of Sellers to Evict Squatters from Property

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

Property sales: Sellers, beware of double commission

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

The dangers of not building in time

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

When is a Will valid, and when can it be set aside?

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

Constitutional litigation and cost orders against the State

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

Are deadlines for delivery of proxies enforceable?

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

Holding shares through a nominee

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

Parenting coordinator in divorce matters

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

Hiring and Firing Directors: Be mindful of the traps

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

Rules on extinctive prescription. Do not wait until it is too late!

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

Parenting coordinator in divorce matters

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

When should you report the Deceased Estate of a Non-Relative to the Master?

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

Employers and sexual harassment in the workplace

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

Budget 2018 Estate Duty and Donations Tax Increase:

  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

Oral cancellation of a written contract?

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

The extension of a sectional title scheme is a matter of great interest to the owners of first phase property in a phased development.

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

Repudiation

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

Finally, relief for separated or divorced parents seeking exemption from paying public-school fees

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

Need copies from the Master’s Records? We can assist!

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

When would I need more than one Will?

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

Is your Business POPI Compliant?

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

When does prescription of a debt start?

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

Municipal debt invalid, the Constitutional Court has ruled

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

When does a General Power of Attorney lapse?

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

Dying without a Will, especially whilst owning Immovable Property, is a Recipe for a Family Feud:

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

Classes of shares: Something to consider

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

What is the Role of the Independent Trustee after 1 March 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

Directors of companies: Liability, Indemnification and Insurance

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

Changes in Trust administration at the Master’s Office Part two: Amendment and Deregistration of Trusts

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

Changes in trust administration at the Master’s Office Part one: Trustees

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

Changes in trust administration at the master’s office Part two: amendment and deregistration of trust

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

Antenuptial contracts: With or without the accrual system?

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

Employers Beware: Dismissal for Poor Performance Could Backfire

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

How and when to use the small claims court

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

Can I amend my Will?

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

When is there a cooling-off period after a sale; allowing a purchaser to have second thoughts?

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

5 Reasons to do Estate Planning TODAY

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

My neighbour is a nuisance

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

Government’s administrative decisions

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

Managing the administration of a deceased relative’s estate

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

Cluver Markotter welcomes Sherine as a director and Jana to the team

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

Co-owning property with someone else: the ups and downs

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

How can a person get married in South Africa?

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

Adopting a child in South Africa

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

Don’t let the smoke leave you broke: Farmers’ duties regarding fires

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

Interest free loans to trust – not so free anymore?

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

Trusts – What records should be kept and who can request information about trusts?

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

Transfer of a property: Is VAT or transfer duty payable?

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

What to do after a car accident?

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

What are tenant and landlord duties?

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

Pay your levies, or else…

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

Let your child study law

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

Don’t speed through life

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

Trouble with the neighbours

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

Standard acknowledgements of debt and the National Credit Act (NCA)

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

Dealing with marriage and estate planning

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

Consider your claim carefully: Some of the need to know facts in the event of a third party claim against the RAF (Road Accident Fund)

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

Protect yourself and your children: STOP HARASSMENT like this …

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

Implications of estate duty

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

Why is the transfer of my property taking so long?

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

The Living Will

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

The Traffic Officer confiscates your cellphone: What you should know!

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

Is it beneficial to create a Trust?

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

Can somebody take the law into his/her own hands?

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

Can I still go to the CCMA after I settled?

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

Should I use a protection order or a harassment order?

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

How can I evict my tenant lawfully?

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 […]