NCA Amendment: Why so controversial?

27 August, 2019

The controversial National Credit Amendment Bill was signed into law last week. It provides for special debt relief measures for over-indebted consumers who earn R7 500 per month or less and whose unsecured debt does not exceed R50 000. These changes were intended to address instances where poor consumers are unable to access formal debt-relief […]

Issue 11 – 2019

23 August, 2019

CHANGE OF USE: A TEST FOR THE SECTIONAL TITLE SCHEMES MANAGEMENT ACT Mineur v Baydunes Body Corporate and Others (11020/2018) [2019] ZAWCHC 59; [2019] 3 All SA 611 (WCC) (24 May 2019) In this matter, the body corporate of a sectional title scheme tried to legalise the historical renovations (change of use) that various owners […]

Thinking Of Eloping Or Hosting A Destination Wedding?

20 August, 2019

Eloping or having a ‘wedding for two’ are on the increase and for many it is now the preferred choice. What’s not to love about saying your “I do’s” before a select few on the white sand beaches of Mauritius whilst saving some bucks by incorporating your wedding and honeymoon into the stuff dreams are […]

Issue 10 – 2019

8 August, 2019

FREE REIGN IN TRUSTS? Ferreira and Another v Van der Merwe N.O and Others (2727/2018) [2019] ZAECPEHC 39 (13 June 2019) “Trustees of a trust are bound by the four corners of the trust deed and have to give effect thereto. If a trust deed does not make provision for something, as a general rule, […]

One Wrong Does Not Justify Another

30 July, 2019

It is a well-established principle of our law that you may not take the law into your own hands. A landlord, for example, may not simply change the locks to premises rented in a dispute with the non-paying tenant; or a landowner change the codes to an electronic gate giving his neighbour access to a […]

One Wrong Does Not Justify Another

30 July, 2019

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 […]

Rate clearance procedure for vacant land in Overstrand

29 July, 2019

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 […]

Issue 09 – 2019

26 July, 2019

ORAL RIGHT OF ACCESS TO PROPERTY GETS YOU NOWHERE Roux and Others v Groenewald and Others (40691/2018) [2019] ZAGPPHC 273 (14 June 2019) This judgment serves as a reminder that the Alienation of Land Act requires that the granting of an interest in land by one person to another must be recorded in a written […]

Liable for the suretyship that your spouse signed for his company?

23 July, 2019

In commercial transactions it is common for one contracting party to require from the other to provide personal suretyship as security for the performance of the obligations under the agreement. Whilst the persons providing the suretyship often have no objection to signing the document in order to reap the benefits of the underlying contract, case […]

Repo Rate Amendment Brings Interest Rate Cuts | 18 July 2019

18 July, 2019

The Reserve Bank’s Monetary Policy Committee announced this afternoon that it has decided to cut the interest rate by 25 basis points, from 6.75% to 6.50%. This is the first time since March 2018 that the benchmark interest rate has been cut. This will in turn bring the bank interest rates down, and provide some […]

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