Blog

Beetle-free Certificate

Posted on: November 9th, 2018 by Stephan Oosthuizen

In the Western Cape and Kwazulu-Natal regions it is customary to include a clause in the Deed of Sale that the seller will provide the purchaser with a beetle-free certificate. Usually the beetle certificate is required only in respect of two types of borer beetles. These are the notorious hylotropes bajulus and/or oxypleuris nodieri that […]

‘PURPOSE’ IS THE FOUNDATION OF A GOOD VALUATION

Posted on: November 8th, 2018 by Pamela Makhubela

The valuation of immovable property takes center stage in today’s real estate market. Ideally, property owners should at all times be aware of the current value of their property. That being said, many owners believe that it is adequate to formulate their own “informed guess” as to the value of a property, based on their […]

Q&A: Lease Agreements and Close Corporation Resolutions

Posted on: November 1st, 2018 by Jacques Blignaut

Question: You are a landlord and you entered into a commercial lease with a Close Corporation (CC) as the tenant. Despite all three members of the CC signing the lease, one of the members is now trying to say he never signed the resolution. Is it a legal requirement that all three members of the […]

VICEROY’S “A WOLF IN SHEEP’S CLOTHING” : THE PUBLICATION OF FALSE, MISLEADING OR DECEPTIVE STATEMENTS?

Posted on: September 28th, 2018 by Scott McLean

South Africa has seen a string of legislation come and go over the last half century aimed at combating unfair securities trading. The introduction of the Financial Markets Act 19 of 2012 (hereinafter the Act) is the legislature’s most recent attempt to ensure fairness, efficiency and transparency therein. It is important that a level playing […]

Directors’ liability amidst company scandal: a basic summary

Posted on: September 28th, 2018 by Scott McLean

In the last 24 months there has been no shortage of company scandal in the headlines, with powerhouse names such as KPMG, McKinsey and not least Steinhoff being brought to shame. The ensuing claims of shareholders and tax payers against these companies, and their mismanagement, call for a look into directors’ liability under the Companies […]

WHAT IS A REIT?

Posted on: September 14th, 2018 by Monica Winter

REITs, or real estate investment trusts, are companies that own or finance income-producing real estate in a range of property sectors. These companies have to meet certain requirements to qualify as REITs. Most REITs trade on the major stock exchanges and offer various benefits to investors. Over 25 countries worldwide use a similar REIT model […]

PART 3: STBB’S GUIDE ON MUNICIPAL PROPERTY VALUATIONS FOR HOMEOWNERS – APPEALS

Posted on: August 6th, 2018 by Pamela Makhubela

A property owner has a right to appeal the decision of a Municipal Valuer. Section 54 of the Municipal Rates Act 6 of 2004 (MPRA) states that: “An appeal to an appeal board against a decision of a municipal valuer in terms of section 51 may be lodged in the prescribed manner with the municipal […]

Companies Beware! Public Officers, Their Appointment and Their Liability 

Posted on: July 20th, 2018 by Johan Greyling

What is a Public Officer? The Tax Administration Act 28 of 2011 stipulates that all companies are required to appoint a Public Officer. A Public Officer serves as the representative taxpayer for a company, meaning that this person is, effectively, the face of the company for tax purposes. All actions carried out in this person’s capacity as […]

Beware of Property Scams!

Posted on: July 2nd, 2018 by Maryna Botha

Buying and selling property is a complex undertaking that is being manipulated by fraudsters more and more these days, with scams becoming rife! Property lawyers and financial institutions urge clients to be vigilant and ensure that they verify all the details relating to the transaction, particularly before making any payments. Property scams have serious ramifications, […]

FINING A MEMBER OF A SECTIONAL TITLE SCHEME

Posted on: June 18th, 2018 by Wesley Graham

The Sectional Titles Schemes Management Act 8 of 2011 (“the Act”) and Regulations do not prohibit Schemes imposing fines on members of the Body Corporate if a member transgresses the Scheme’s Management or Conduct Rules. In this blog post, I will briefly discuss the way in which a Scheme may lawfully amend its governance documents […]

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