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January 31, 2019ByIn,

PROPERTY OWNERS, BUYERS AND AGENTS: CHECK FOR YOUR TITLE DEEDS BEFORE 25 FEBRUARY

The last thing you want in any property transfer is any more delay and cost than is already built into the process. Unhappily, that is exactly what is in store if the property’s original title deed is for any reason not to hand. Whether it has been lost or destroyed, you will need your conveyancer...
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January 10, 2019ByIn,

PROPERTY DEVELOPERS BEWARE: DEEMED ACCRUALS CAN SERIOUSLY DISRUPT YOUR CASH FLOW

Property development can be a profitable business, but it also carries substantial risks. One of those is cash flow problems – get your projections wrong and you could face serious financial trouble. So it’s important you know of the recent SCA decision about a R1.9m income tax assessment levied by SARS on a developer which...
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January 10, 2019ByIn,

VICTIMS OF CORRUPTION TAKE HEART – “BIG CHIEF” GETS 15 YEARS BEHIND BARS

Corruption hurts us all in both our business and our private lives. Even those of us who aren’t the direct victims of tender fraud or bribery requests lose out from the general loss of confidence and investment in the country. So we can all take heart from two recent Supreme Court of Appeal decisions relating...
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January 10, 2019ByIn,

BEWARE THE BUILDING DEADLINES WHEN BUYING-TO-BUILD

Buying into a residential estate can be a great way of acquiring a safe and secure “dream home” for you and your family. Choose wisely and you also gain a valuable asset. You can either buy an existing house in the estate or you can buy a vacant stand on a “plot-and-plan” or “buy-to-build” basis....
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January 10, 2019ByIn,

PATERNITY LEAVE AND MINIMUM WAGES – HOW WILL THE NEW LAWS AFFECT YOU?

Both employers and employees should be up to speed with the new labour legislation which will affect all businesses and individuals on one level or another. Firstly we discuss the new “parental leave” provisions relevant to fathers, adoptive parents and commissioning parents in surrogacy agreements. Next we look at the new National Minimum Wage and...
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January 10, 2019ByIn,

YOU MUST HAVE A GOOD REASON FOR REMOVING A TRUSTEE

Often, we come across a stipulation in a Trust Deed to the effect that a trustee’s office shall be vacated if majority of the other trustees request him/her to resign or a stipulation to the effect that the trustees, office shall be vacated if he/she is removed as trustee by majority of the other trustees....
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October 12, 2018ByIn

SIGNING SURETY – THE STING’S IN THE TAIL

SIGNING SURETY – THE STING’S IN THE TAIL “She just did not want to be liable if he defaulted, a common regret felt by those who stand surety for defaulting debtors” (extract from judgment below) In the beginning…You are totally relaxed. The bank won’t give your son /daughter / spouse/partner/ company/ friend a loan unless...
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October 1, 2018ByIn,

SELLING YOUR HOUSE: DISCLOSING DEFECTS

When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) clause in your sale agreement. But, as a recent High Court case involving a house with roof leaks, defective...
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September 25, 2018ByIn

ATTACKING A TRUST (AND DEFENDING IT)

“Invincibility lies in the defence; the possibility of victory in the attack” (Sun Tzu) It’s an all-too-common scenario.  When you try to recover your money from a debtor, you find that all his/her assets (including the luxury home, holiday house, and ocean-going yacht) are held by a family or business trust. Creditors: Follow the Assets...
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September 12, 2018ByIn

PRECEDENT SETTING JUDGMENT FOR MUSLIM MARRIAGES

In the recent judgement – Women`s Legal Centre v The President of the Republic of South Africa and Others (2018) ZAWCHC 109 (31 AUGUST 2018), the court considered the non-recognition and non-regulation of marriages under the tenet of Sharia (Islamic) law, which violated the rights of woman and children in terms of section 7 of the Constitution....
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