Publications

I Was Awarded The House In My Divorce

13 November, 2018

When X, recently divorced, approached her conveyancer with an instruction to register transfer of the property that was awarded to her in the divorce settlement, she was speechless when she was advised that transfer duty will be payable. This because she was advised previously that the Transfer Duty Act exempted the transfer of property to […]

Timing in Agreements: Year-End Considerations

6 November, 2018

As we approach the festive season, remember to pay close attention to the dates inserted in agreements for the sale or purchase of immovable property. It is prudent to arrange that the due dates for payment of a deposit, obtaining bond approval and guarantees do not fall too close to public holidays as many people […]

Issue 17 – 2018

2 November, 2018

TITLE DEED CONDITION ALLOWING RE-TRANSFER OF PROPERTY IF OWNER DOES NOT BUILD ON TIME: CAN THIS REVERSIONARY RIGHT PRESCRIBE? eThekwini Municipality v Mounthaven (Pty) Ltd (CCT 05/18) [2018] ZACC 43 (31 October 2018)) Municipalities regularly sell vacant property to developers for commercial and residential development. Often a title deed condition is imposed that the property […]

Rising Damp in Sectional Title Schemes

1 November, 2018

Many sectional title owners are under the impression that their body corporate is automatically responsible to arrange and pay for the repair of damage to their section if it results from some defect or failure in the common property.

Chastising Your Child: Parents Take Note

1 November, 2018

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

Litigation Versus Arbitration 

1 November, 2018

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.

Facilitation and Divorce

1 November, 2018

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”.

Eskom: Proposed Electricity Cost Hike For 2019 | 31 October 2018

31 October, 2018

Eskom recently announced that it has asked the National Energy Regulator (NERSA) for a 15% tariff increase for the next three years, beginning 2019-2020. Eskom has also been granted approval to claw back an additional R8bn from customers as a result of the adjudication of the regulatory clearing account (RCA) for periods stretching from 2014 […]

The Proposed Increase in the Official Rate of Interest

31 October, 2018

The 2018 National Budget revealed a proposed increase in the “official rate of interest” as set out in the Income Tax Act. Increasing the official interest rate increases the individual tax burden, including discouraging low interest loans from employers and creating significant extra tax on loans to trusts.

Offshore Property and South African REITs

31 October, 2018

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 own several kinds of commercial properties in SA, such as warehouses, factories, hospitals, shopping centres, office buildings and, to a lesser extent, residential properties. Some also invest in properties overseas.

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