Publications

Common Property Problems Cause Damage to Section: Can I Claim?

20 November, 2018

The Sectional Titles Schemes Management Act obliges the body corporate to maintain a scheme’s common property. Owners are in turn required to repair and maintain their sections. Is the body corporate, as a result, automatically responsible to arrange and pay for the repair of damage to an owner’s section if it results from some defect […]

Issue 18 – 2018

16 November, 2018

LENDERS: IF IT IS A “CREDIT TRANSACTION”, REGISTER OR THE LOAN IS VOID Du Bruyn NO and Others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018) For some time now there has been confusion whether it is necessary for a lender, in a once-off loan, to register with the National Credit Regulator where the […]

Parliament Review Committee on Section 25 Amendment | 15 November 2018

15 November, 2018

Parliament’s joint constitutional review committee formally resolved today to recommend an amendment of section 25 of the Constitution to make it clear that expropriation of land without compensation, is possible. President Ramaphosa has given assurances that this is but one of many mechanisms at government’s disposal to effect land reform. This assurance is supported, from […]

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”.

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