One Wrong Does Not Justify Another

ONE WRONG DOES NOT JUSTIFY ANOTHER Taddese and Others v Peer NO and Others (5250/2016) [2016] ZAKZDHC 26 (4 August 2016) Most property practitioners know the legal maxim that one may not take the law into your own hands. But how does this work practically? If a tenant breaches the provisions of the lease and […]

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Rate clearance procedure for vacant land in Overstrand

A “plot cleaning deposit” is included in the rates clearance figure issued to the transferring attorney, should the land not be clear upon inspection by the fire department. The amount of the deposit is calculated as a fixed standard fee plus an additional rate, calculated in accordance with the size of the property. The following […]

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Chastising Your Child: Parents Take Note

The question of whether parents should be allowed to chastise their children has been a heavily debated topic over the past couple of years.

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Litigation Versus Arbitration 

What is the difference between litigation and arbitration; two processes of dispute resolution in South Africa? In this article, I review the basic elements of each as well as the benefits and pitfalls one experiences when going through either. This article aims to clarify why you might prefer to use the one means over the other to resolve a civil dispute.

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Facilitation and Divorce

What happens when mediation fails and the parents cannot agree? Litigation is expensive and is time-consuming. In an endeavour to address this problem, a practice was developed a number of years ago in an attempt to keep parenting disputes out of Court by enhancing the powers of a mediator and elevating the position to what was called (in the Western Cape) “facilitation”.

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Property Development Community Tackles Tough Topics

On 5 September 2018, STBB hosted approximately 600 members of the Western Cape property development community at the CTICC for an evening of hard-hitting presentations and though-provoking debate.

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Challenging a Signed Contract based on Prior Verbal Discussions

A signed contract is presumed to set the terms of an agreement in stone. But can such a contract subsequently be challenged based on prior verbal discussions, possible tacit understandings and perceived ambiguity or vagueness?

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Is Polly, ‘Flaffie’ or your Beloved iKati Welcome in your Sectional Title Home?

The new Community Schemes Ombud Service Act is designed to simplify the resolution of disputes between sectional title scheme body corporates and home owners, including those pesky problems with pets.

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New Tax on Loans to Trusts

A new insert in the recently amended Income Tax Act sees interest-free and low-interest loans to trusts now made subject to donations tax of 20%. And not only does it apply to loans made from 1 March 2017, but also targets existing agreements. The good news is that there is possibly some relief.

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You And Your Spouse Agree To A Divorce, Now What?

When two spouses agree to terminate their marriage by way of divorce, the process does not have to be as daunting as it appears. As Family Law experts, we assist clients to concur on the way forward, and then draft a Consent Paper to clearly record the terms of the agreement reached. Once the Consent […]

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