Video Articles


Deregistered companies selling or buying properties: what is the legal position?

In terms of the current Companies Act, companies and close corporations can be deregistered for administrative reasons.

The Act does make provision for the reinstatement of entities in certain circumstances, including instances where the deregistration followed on non-submission of annual returns. This relief is, however, not without a sting in its tail as these applications are lengthy; in the case of entities owning immovable property, it takes some months! Any transaction that the entity seeks to register in the deeds office is necessarily delayed as a result.

However, an important consequence of deregistration is that the entity ceases to exist as a legal person and therefore cannot enter into transactions, such as selling or buying immovable property or registering a mortgage bond. In this video (insert link here) we briefly explain the position and give advice to potential purchaser and sellers holding property in a deregistered entity.

Are there rules regarding the caging of gas bottles in the Western Cape Province?

Home gas appliances have of late become very popular and with Eskom’s continued problems adding incentive to do so, this will undoubtedly remain the case. From the legislature’s point of view, gas installations must comply with prescribed safety standards and for this purpose, regulations have been issued under the Occupational Health and Safety Act to which gas installations generally, including in residential homes, must comply.

The question whether all gas bottles must be caged is not addressed in the regulations. There are, however, general safety guidelines in the industry and specifically in the Western Cape.

Invasive species: In October 2014, the Alien and Invasive Species Regulations, issued in terms of environmental legislation, came into operation.

The main aim of the provisions is to prevent more alien invasive species coming into South Africa and also to address the established invasive species that are most harmful and destructive to our indigenous plants and species. A total of 559 alien species are listed as invasive! The provisions place certain responsibilities on the shoulders of land owners and we explain briefly what each land owner should know in this regard, both when holding on to his land and when he sells the property.

Living Will

A living will is a document in which a person expresses certain wishes regarding his or her well-being and care in instances where that person can no longer communicate his or her desires due to ill health or old age. Much uncertainty exists regarding the validity and impact of such wills, especially where a person seeks to choose that his or her life be ended if, due to illness, there is no quality of life remaining for him or her. In this video discussion we provide a short statement of the position in our law at present.

Rental Housing Amendment Act

Certain significant amendments to the Rental Housing Act were recently enacted by our legislature. Although the new provisions are not effective yet, as a date for coming into operation must still be announced, it is prudent for all property practitioners to become acquainted with the new requirements so as not to be caught unawares. We discuss here the most important changes introduced by the amendments on residential leases and advise on key aspects relevant to the date of coming into operation thereof.

GOVERNMENT POSITION ON NON-RESIDENT OWNERSHIP

Whilst currently there is no legislation in place that prohibits foreigners from acquiring land in South Africa, agricultural or otherwise, government’s comments and President Zuma’s State of the Nation address in 2015 indicates that government has plans afoot to introduce certain limitations on foreigners’ ownership of land, as well as plans regarding the size of ownership of agricultural land in South Africa generally, for citizens and non-residents. Government explained that changes will not work retrospectively and that the limitations generally will apply only to agricultural land ownership. Listen to our brief presentation on these and other aspects of the government’s exposition of its future plans in this regard.

Regulation of Land Holdings Bill

What is the new “Land Holdings Bill” and what does it mean for you?