Publications

NERSA withdraws private generator rules

22 May, 2018

NERSA withdraws private generator rules The National Energy Regulator yesterday withdrew the draft rules, published in April this year, that sought to introduce licencing of every form of home electricity generation, including solar photo-voltaic (PV) panels and backup generators. The Department of Energy will amend the suggested rules and gazette a revised notice. This is […]

Issue 10 – 2018

18 May, 2018

A FRIENDLY ‘BUY BACK’ NOT ALWAYS A ‘SALE’ THAT REQUIRES A WRITTEN AGREEMENT TO BE VALID Loggenberg and Others v Maree (286/17) [2018] ZASCA 24 (23 March 2018) The facts in this judgment tells a story of A, in an attempt to assist his friend B, that bought B’s property in an execution sale with […]

Deadline for Written Submissions on Land Expropriation Without Compensation Extended to 15 June | 18 May 2018

18 May, 2018

The Joint Constitutional Review Committee has extended the deadline for written submissions on land expropriation without compensation to 15 June 2018. Written submissions will be processed between 9 and 13 July 2018 and public hearings will be held in all provinces from 27 June to 6 August 2018. There will also be an opportunity for […]

Immovable Property Sold To Settle Debt – Reserve Price Issues

15 May, 2018

Amendments to the Rules of both the High Courts and Magistrates’ Courts regarding the sale in execution of immovable property came into effect in December 2017. One of these provides for the introduction of a court-imposed reserve price, should it be deemed appropriate in the circumstances. To come to such conclusion, a court must weigh […]

Issue 09 – 2018

11 May, 2018

PITFALLS IN EXERCISING A RIGHT OF FIRST REFUSAL Tiekiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) Ltd and Others (1206/2016) [2018] ZASCA 41 (28 March 2018) In essence a right of first refusal in the hands of a tenant has two components: there is an undertaking by the landlord not to sell the […]

Delays on rates figures and clearance certificates | 20 January 2018

10 May, 2018

The City of Cape Town has upgraded their software system and this is causing significant delays in the issuing of rates figures as well as clearance certificates. Upgrades of this nature usually require a settling in period during which teething problems will cause temporary delays; however, we are assured that the system will soon be […]

Co-ownership of property: what are the risks

8 May, 2018

Buying property with someone else often makes financial sense. Examples of co-ownership include partners buying their first home together or friends sharing ownership of a holiday house. Co-owners of a property do not hold separate title to a physically delineated part of the property; each co-owner holds an undivided share in the whole property. This […]

Issue 08 – 2018

3 May, 2018

DOES ABSENCE OF APPROVED PLANS AND OCCUPANCY CERTIFICATE INVALIDATE A LEASE? Wierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] ZASCA 170; 2018 (3) SA 95 (SCA) (1 December 2017) The Supreme Court of Appeal was asked here to determine whether a tenant can escape its liabilities under a lease agreement by arguing […]

Appointing a Conveyancer- The Seller’s Right

3 May, 2018

This is excluded from your CGT liability

24 April, 2018

Many South Africans are cautious of Capital Gains Tax (CGT) because, essentially, it creates a tax liability when you make a profit on the sale of an asset. It is therefore good news that the capital gains (or losses) made on the disposal of certain assets are excluded from CGT. Some of the important exclusions […]