THE ABUSE OF SEQUESTRATION PROCEEDINGS AND ITS CONSEQUENCES

THE ABUSE OF SEQUESTRATION PROCEEDINGS AND ITS CONSEQUENCES   Abuse, Misuse and/or exploit, alike – call it what you like, honesty is the best policy. More often than not, the South African Judicial system is unfortunately faced with some parties not being honest, upfront, and transparent in their dealings before the Court of law. It […]

A LEGAL DUTY TO SAFEGUARD INDIVIDUALS AGAINST GENDER-BASED VIOLENCE South Africa is unfortunately faced with many cases involving femicide and gender-based violence. Gender-based violence (GBV) refers to harmful acts directed at an individual (or a group of individuals) based on their gender. It is generally accepted that the overriding cause of GBV is gender equality. […]

Disputes with your Home Owners Association and/or Body Corporate? Approach the ombud for resolution. There is an immense increase in property developments in South Africa, especially along the Garden Route. Property developments are in many cases community schemes accompanied by the establishment of a Home Owners Association and/or a Body Corporate (which ever applicable). Differing […]

When neighbourly conduct becomes a nuisance With many South Africans moving their workplaces to their homes in the wake of the Covid-19 pandemic, the influence of one’s neighbours on our daily lives has become more impactful than ever before. Recently the Supreme Court of Appeal judgement of Madrasah Taleemuddeen Islamic Institute v Ellaurie and Another […]

SIGNING YOUR AGREEMENT OF SALE OF LAND ELECTRONICALLY The big “C-word”, Covid-19, hit the whole world with a bang, limiting face to face interaction and forcing people all over the world to find alternative communication measures- with South Africa being no exception. This had a massive impact on the property industry as contact between people […]

DIVORCING A FOREIGN OR EVASIVE SPOUSE – EDICTAL CITATION AND SUBSTITUTED SERVICE IN SOUTH AFRICA  Divorce proceedings are initiated by the service of a summons on the Defendant. Generally, the service of a summons can be a rather simple process. However, difficulties arise when the whereabouts of the Defendant is or become unknown, or the […]

A DIRECTOR’S FIDUCIARY DUTIES POST RESIGNATION The fiduciary duties of a Director post-resignation, is often a contentious issue, especially where such person has joined a competitor or is functioning in competition to his/her previous employer. Although case law on this topic is very limited in South Africa, the case of Big Catch Fishing Tackle Proprietary […]

ARE YOU AFFECTED BY THE NEW RULING ON DIVISION OF ASSETS UPON DIVORCE? The judgement of the High Court of Pretoria in GKR v Minister of Home Affairs and Others, Gauteng Division brought about a substantial change for spouses married out of community of property without the accrual system who are contemplating divorce. This order […]

Servitudes: The lay of the Land Ownership, which can be defined as a right to one’s own property, is theoretically the most comprehensive real right a person can have, allowing an owner to use, enjoy, possess, or alienate their property. A property owner may however realise that they have received a raw deal on this […]

REHABILITATION OF AN INSOLVENT   For an insolvent to bring an end to the sequestration proceedings he/she must first be rehabilitated. After rehabilitation, the insolvent will be able to start fresh with his/her pre-sequestration debts discharged. The rehabilitation process looks different from one insolvent person to another depending on the claims that were proved against, […]

FIXED PROPERTY IN DECEASED ESTATES   Fixed property, especially property in the Garden Route area, is a popular commodity for every person’s property portfolio, but how will this property be dealt with in a deceased estate? Upon an owner’s demise, their registered property will be transferred to their heirs, either in terms of their last […]

DIVORCE AFTER RETIREMENT A vast amount of ink has been spilt in the last decade discussing the consequences of divorce upon a spouse’s Pension Interest when married in community of property, this being the natural offshoot of changes over time to both the Divorce Act (Act 70 of 1979) and the Pension Fund Act (Act […]

THE LEGAL POSITION OF A LANDLORD IN BUSINESS RESCUE PROCEEDINGS   A landlord is faced with a dilemma when his tenant enters into business rescue proceedings, due to the activation of a moratorium (“cease”) of legal proceedings against the party in business rescue. The tenant in business rescue often continues to occupy the leased premises […]

What to do if you’ve been involved in a serious road accident   The Road Accident Fund (RAF) is a compulsory Indemnity Fund that provides cover to all road users in South Africa in the event of a road accident. The RAF provides financial assistance to people injured in road accidents or the dependents of […]

Case Law Update: Koch v Weiland N.O. and Another (2022) ZAWCHC 96 Who is lawfully entitled to administer, liquidate, and distribute a deceased estate?   In light of the upcoming National Wills Week, we urge you to take note of this important case recently heard and decided on by the Western Cape High Court, on […]

PROTECTION FROM HARASSMENT   The latest publication of crime statistics in South Africa has again highlighted what can only be described as the unacceptable prevalence of abuse in domestic as well as non-domestic relationships, particularly against women and children. Given the same, it is important to reiterate that victims of abuse and/or harassment do have […]

ARE YOU AFFECTED BY THE NEW RULING ON DIVISION OF ASSETS UPON DIVORCE? The judgement of the High Court of Pretoria in GKR v Minister of Home Affairs and Others, Gauteng Division brought about a substantial change for spouses married out of community of property without the accrual system who are contemplating divorce. This order […]

COMMENCEMENT OF BUSINESS RESCUE PROCEEDINGS WHILE A COMPANY IS IN LIQUIDATION The mere fact that a company that is liquidated can be placed under supervision seems at first sight nonsensical in most cases. In certain circumstances however it might just be what the doctor ordered. The question, however, is whether South African law allows for […]

A Will – Priority for everybody’s To-Do List Drafting a will is not at the top of everybody’s priority list, and soon, one forgets to draft this important document. Should one die without a valid will, their estate would be administered in accordance with the Intestate Succession Act, regardless of their last wishes and the […]

THE CONSUMER PROTECTION ACT AND THE SALE OF IMMOVABLE PROPERTY   Since the commencement of the Consumer Protection Act No. 68 of 2008 (the Act) on 31 March 2011 we often find that clients wrongly believe that immovable property may no longer be sold “voetstoots”. This is however not the case and immovable property may […]

EMPLOYEES: WHAT HAPPENS WHEN AN EMPLOYER IS SEQUESTRATED IN HIS/HER PERSONAL CAPACITY OR A COMPANY IS LIQUIDATED AND WHERE DO THE CLAIMS OF EMPLOYEES RANK? When an employer is sequestrated in his/her personal capacity or a Company is liquidated, the question usually arises as to what will happen to the employees and if they lodge […]

REPRESENTATION BY PROXY APPOINTMENT – IMPORTANT CONSIDERATIONS It seems most people you meet today are pressed and imposed with strict deadlines. People are always in a hurry to get somewhere, and in today’s fast-paced world, where time is money, time constraints are not just that much more noticeable but can have result in lost opportunities. […]

A BIG VICTORY IN THE WAR AGAINST GENDER-BASED VIOLENCE It is no secret that the women of South Africa are plagued by violence. Gender-based violence (GBV) is a deep-seated and widespread problem that has a disproportionate impact on every aspect of women’s lives. GBV is systemic and entrenched in South African institutions, cultures and traditions. […]

IMPLIED WARRANTY IN TERMS OF THE CONSUMER PROTECTION ACT Often consumers find themselves in a situation where they have purchased goods only to find out that the goods which they have purchased are defective and not suitable for the purpose which it was intended to be used for. Upon returning to the supplier, one is […]

THE NEW PROPERTY PRACTITIONERS ACT & MANDATORY FIDELITY FUND CERTIFICATE The effect of the Property Practitioners Act 22 of 2019 (the “Act”) on estate agents dealing with your property without a Fidelity Fund Certificate is profound. The Act was promulgated with effect 1 February 2022 and repeals and replaces the ‘old’ Estate Agency Affairs Act […]

THE IMPACT OF SOCIAL MEDIA ON SPORTS ATHLETES Social media has opened up possibilities within the sports industry for both opportunity and risk. The potential risks of postings by sports athletes on social media platforms are highlighted herein, which may result in costly litigation, if not properly mitigated. For the majority of the population, sport […]