What is the right point in time to appoint a proxy? The effect of the recent SCA judgement of Richard du Plessis Barry v Clearwater Estate NPC 2017 (3) SA 364 (SCA).

S58(1) of the Companies Act no. 71 of 2008 (the “Act”) grants shareholders the right to be represented by proxy either at a shareholders meeting or to give or withhold consent where shareholders act other than at a meeting (s60 of the Act). This is an important right, especially where a company’s shareholders are disbursed, […]

HOLDING YOURSELF OUT AS AN ESTATE AGENT AND THE DEFINITION OF ESTATE AGENT UNDER THE ESTATE AGENCY AFFAIRS ACT (“EAAA”)

“Estate Agent” is defined under the EAAA as “any person who for the acquisition of gain on his own account or in partnership, in any manner holds himself out as a person who, or directly or indirectly advertises that he, on the instructions of or on behalf of any other person (i) sells or purchases […]

Sectional Title Complexes and Generators

Despite elections being over and the promises from Eskom, many people are still installing generators to keep the lights on. Freehold property owners can do so at will, but what are your rights as an owner in a sectional title scheme? In terms of annexure 9 of the Sectional Titles Act (the Act), an owner […]

Changing from a marriage in community of property, and vice versa

In practice we often come across couples who think they are married out of community of property but upon a closer look and unbeknownst to them, they are in fact married in community of property! This causes great concern for them, as it may bring about unanticipated (and unwanted) consequences to transactions already entered into. […]

First Time Off-Plan Buyer? Beware of Occupational Rental

Picture this: you are a first time property buyer, buying off-plan from a Developer – a brand new home in a secured estate and you are legally exempt from paying transfer duty. You have been saving up for this for months, maybe even years. All costs fit perfectly into your budget – the deposit, bond […]

Are Video Wills Legal in South Africa?

Are Video Wills Legal in South Africa? There is no precedent of the validity of video wills in South Africa. In order for a Will to be valid and accepted by the Master of the High Court in this country, it has to comply with the requirements as set out in section 2 of the […]

FACTORS THAT INFLUENCE THE VALUE OF A PROPERTY

Different factors and characteristics influence the valuation of a property. The greatest part of the valuation process encompasses the gathering and analysis of information. Some of the information gathered can be seen as “background information” and therefore is not physically visible at the house or dwelling being valued. Background information may include economic data such […]

Attention Employers: The New Tobacco Bill and How it Will Affect Workplace Smoking

In line with the World Health Organisation’s Framework Convention on Tobacco Control, the South African legislature has drafted the Control of Tobacco Products and Electronic Delivery Systems Bill 2018 (“the Bill”). The Bill seeks to regulate public smoking, smoking in the workplace and the sale and advertising of tobacco and various electronic cigarettes. In the […]

‘PURPOSE’ IS THE FOUNDATION OF A GOOD VALUATION

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

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 […]

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