Issue 06 – 2019

5 April, 2019

CANCELLING INSTALMENT SALES: DUE DATES OF PAYMENTS CRITICAL Amardien and Others v Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47; 2019 (2) BCLR 193 (CC) (28 November 2018) The Alienation of Land Act prohibits the seller in an instalment sale to receive consideration in respect of a sale until such time as the agreement […]

Interest On Deposit In Attorney Trust Account

26 March, 2019

With effect from 1 March 2019, interest earned on moneys invested by your attorney in a designated trust account, must be dealt with in accordance with section 86(4) of the Legal Practice Act. This section provides that the attorney firm must pay 5% of the interest earned to the Legal Practitioners Fidelity Fund. As agreements […]

Power of Attorney | 25 March 2019

25 March, 2019

Dear All Please proceed to include the following names as appearers in your Powers of Attorney: MOEGSIENA ISHMAIL AND ZANDILE ORALETTE NONKASANA Should you have any queries, please contact our East London branch on (043) 721 1234.

Issue 05 – 2019

25 March, 2019

AGENCY CONVERTING FROM CC TO COMPANY: EXISTING FFC STILL VALID? Tria Real Estate (Pty) Ltd v Labuschagne and Another (5583/2018) [2018] ZAFSHC 198 (6 December 2018) Where an estate agency converted form a close corporation to a company, are the Fidelity Fund Certificates issued to the close corporation and its members sufficient and compliant with […]

Early Accrual Of Income In Respect Of Property Developments | 14 March 2019

14 March, 2019

The Supreme Court of Appeal has handed down a decision which results in the receipt of a guarantee to secure payment of the purchase price of immovable property, being deemed an accrual of the entire purchase price on the date on which the sale agreement was concluded. We believe that the decision is wrong and […]

New Monetary Threshold For Small Claims Court

12 March, 2019

Earlier this month, in a notice published in the Government Gazette, it was confirmed that the monetary jurisdiction of Small Claims Courts will be increased to R20 000 from 1 April 2019 onwards. According to the Justice and Constitutional Development Deputy Minister, John Jeffery, the new threshold is expected to go some way towards addressing […]

City of Johannesburg Council approved the Inclusionary Housing Incentives, Regulations and Mechanisms

11 March, 2019

On 21 Feb 2019, the City of Johannesburg Council approved the Inclusionary Housing Incentives, Regulations and Mechanisms 2019. Please see a brief summary below: Requirements and Conditions for Inclusionary Housing Inclusionary housing is mandatory for any development application under the jurisdiction of the City of Johannesburg Metropolitan Municipality that includes 20 dwelling units or more. […]

Issue 04 – 2019

8 March, 2019

BUILDING OBJECTIONABLE, UNSIGHTLY OR DISFIGURING OF AREA? APPLY LEGITIMATE EXPECTATION TEST Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8 (19 February 2019) This Constitutional Court judgment provides clear guidelines as to the proper import and interpretation of section 7(1) […]

Property Rates Increase? You Can Object

7 March, 2019

General Valuation Roll for 2018 (GV2018) The current General Valuation Roll, known as GV2018, was certified by the City of Cape Town’s Municipal Valuer on 31 January 2019. It contains the municipal valuations of about 875 000 registered properties in Cape Town, as at the valuation date for the new roll, being 2 July 2018. […]

Issue 03 – 2019

22 February, 2019

LEASE WORDING: AGREEING TO AGREE TO RENEW ON NEW TERMS: ENFORCEABLE? Violetshelf Investments (Pty) Ltd v Chetty (24858/18) [2019] ZAGPJHC 1 (28 January 2019) This judgment deals with the scenario where a tenant is granted an option to renew a lease “provided that the parties agree in writing to the rental, conditions and provisions” of […]

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