Advice &amp; News

Legal rights of homeowners during the repossession process

November 2021, January 2022, September 2022, and November 2022 were pivotal months for many homeowners in South Africa who were forced to revaluate their financial positions with the interest rate increases.

February 2, 2023

2001 FICA and Cash Threshold Reporting

When does the reporting obligation arise for an accountable or reporting institution?

November 30, 2022

Market News

2022 Year-end wrap up: Jansen Snyman

As with every year, 2022 had its highs and lows, good and bad. Looking back, many lessons were learnt and apparently, some weren’t, and life made us revisit them again.

November 30, 2022

What it means to be a trustee

The creation of a family trust has always been a popular way to manage and safeguard assets. It provides for continuity when it involves, for instance, the preservation of immoveable property for family generations.

November 30, 2022

Contractual Matters

The termination of joint ownership

The action for division of property is well established in South African law. Every co-owner of property may insist on a partition of the property at any time. This may be done even in the case where there is a perpetual joint ownership agreement.

October 24, 2022

Contractual Matters

Suspensive conditions

Contracts for the sale of immovable property will very often contain suspensive conditions. One of the most common types of suspensive conditions is bond approval. Suspensive conditions

October 24, 2022

Rental Management

A brief look at long leases

While full title ownership may still be considered the most comprehensive and permanent form of ownership, a long-term lease can be considered an alternative.

October 24, 2022

CC Acknowledges Customary Law: The Family Home

This is an application that ended up in the Constitutional Court, by a partner (applicant) who lived with her late partner in, what was to them, their family home. Upon the death of her late partner, she (the applicant) was appointed the executrix of her deceased partner’s estate who died intestate. The applicant and deceased were not married but had lived together for years in the family home the applicant had inherited from her late grandfather as a “family home” intended to be for the benefit of the family.

September 28, 2022

The body corporate and the Community Scheme Ombud Service (CSOS)

It is commonly accepted that the trustees appointed in a sectional title scheme have a fiduciary duty to manage the scheme in good faith and with its best interest in mind. This is supported by the fact that all owners in a sectional title scheme have similar obligations toward other residents in the scheme and the common property. This is also underpinned by the Sectional Titles Schemes Management Act 8 of 2011.

September 28, 2022

ULTRA – The CC once again confirms the importance of women’s rights in Rahube v Rahube and Others [2018] ZACC 42

This case involves the apartheid era, where not only rights of black people were oppressed but also rights of women. In this case, an entire family lived together in a property – that is, the applicant, her grandmother, uncle, three brothers (including the first respondent) and two children.

September 28, 2022

The advantages of a life right

The Housing Development Schemes for Retired Persons Act 65 of 1988 introduced life rights as a formal form of ownership for retired people in South Africa. This legislation was implemented not only in response to the growth in the retirement village sector but also to provide legal protection to the elderly.

August 24, 2022

Property Finance

What if a previous owner owes money to the local authority?

Can a local authority refuse to open a new owner’s account when the previous owner still owes the local authority an outstanding amount? This question was dealt with by the High Court of South Africa, Gauteng Division, in July 2022, when a newly registered owner took the previous owner – as well as the Ekurhuleni Metropolitan Municipality as second Respondent – to court.

August 24, 2022

SPLUMA in Mpumalanga: the saga continues

In this article, we take a closer look at an ongoing matter relating to SPLUMA in Mpumalanga. SPLUMA stands for the Spatial Planning and Land Use Management Act, and all municipalities in the province have issued by-laws relating to SPLUMA certificates and the transfer of property.

August 24, 2022

Muslim marriages: A welcome Constitutional Court decision

In a long-awaited and groundbreaking decision in the area of family law, the Constitutional Court of South Africa (CC) confirmed the order of constitutional invalidity of the below mentioned Acts, granted by the Supreme Court of Appeal. This decision was confirmed on 28 June 2022.

July 25, 2022