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April 21, 2022
April 21, 2022
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I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded […]
April 21, 2022
April 21, 2022
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The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and […]
April 21, 2022
April 21, 2022
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“Should a person who has shared her home and life with her deceased partner, born and raised children with him, cared for him in health and […]
April 21, 2022
April 21, 2022
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Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may […]
March 24, 2022
March 24, 2022
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While the possibility of a global pandemic was always at the back of our minds, its emergence still managed to catch us off-guard and wreaked havoc […]
March 24, 2022
March 24, 2022
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When deciding whether to become an Airbnb host, it’s important for you to understand how the laws work in your city. According to Brett Herron, the […]
March 24, 2022
March 24, 2022
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Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties […]
March 24, 2022
March 24, 2022
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The transfer process is synonymous with building a house. The foundation must be laid and certain parts are built simultaneously in order for the process to […]
November 19, 2021
November 19, 2021
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Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or […]
November 19, 2021
November 19, 2021
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Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items that most people have […]
November 19, 2021
November 19, 2021
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When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As […]
November 19, 2021
November 19, 2021
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Purchasing a new home is undoubtedly an exciting decision, but it is also an extremely emotional one. A home is where family traditions are brought to […]
October 11, 2021
October 11, 2021
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The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled […]
October 11, 2021
October 11, 2021
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Even before the pandemic changed the way we see our home and work environments, with many finding for the first time that these two could be the same […]
October 11, 2021
October 11, 2021
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Knowing when to move is not always as straight forward as one might think. At times, the need for a change is apparent and unavoidable, but other […]
October 11, 2021
October 11, 2021
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The Protection of Personal Information (POPI) Act came into full effect on the 1st of July 2021. If you still haven’t implemented your POPI compliance strategy, it is strongly advisable […]
September 13, 2021
September 13, 2021
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Every business in the world sells something. They sell goods or services in order to address a need or desire of a consumer, and to achieve a profit in the process (at the very least […]
September 13, 2021
September 13, 2021
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Since the POPI Act was introduced, many businesses have taken the time and effort to implement a POPI strategy that complies with the Act’s basic requirements. But for […]
September 13, 2021
September 13, 2021
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While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, nevermind lockdown regulations and social distancing protocols, the real estate rental market has not recovered […]
September 13, 2021
September 13, 2021
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While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. […]
August 23, 2021
August 23, 2021
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With looting and violence severely impacting certain parts of South Africa in June 2021, many businesses are facing great challenges on various fronts. In light of the recent civil […]
August 23, 2021
August 23, 2021
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Sectional titles have become a staple in the real estate industry over the past decades. And with all the benefits that come with it, it makes […]
August 23, 2021
August 23, 2021
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When it comes to the protection of personal information, there are two acts that govern businesses and those working with such information. The Protection of Privacy […]
August 23, 2021
August 23, 2021
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The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance […]
July 14, 2021
July 14, 2021
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What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing […]
July 14, 2021
July 14, 2021
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Home insurance is there to protect one of the most important assets you own. And when done properly, it will allow you to insure both the structure of your home and the […]
July 14, 2021
July 14, 2021
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The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation […]
July 14, 2021
July 14, 2021
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Property ownership in today’s economy is no small feat. But even when you’ve worked most of your adult life towards buying the family home of your dreams, the possibility of downsizing should never be discounted. Whether you’re looking at lowering the […]
June 11, 2021
June 11, 2021
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Must my residential lease agreement be in writing? It is currently not a requirement for a residential lease agreement to be in writing – a verbal […]
June 11, 2021
June 11, 2021
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Passing off is a delictual remedy that is derived from English law and has been implemented in South African law. The most authoritative definition of passing off was given in the Capital Estate and General Agencies […]
June 11, 2021
June 11, 2021
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When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court may cause a court to hold you […]
June 11, 2021
June 11, 2021
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Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords […]
May 25, 2021
May 25, 2021
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Finding the right home is not only about finding an architectural structure that meets your requirements (three bedrooms, sun in the afternoon, a yard for the dogs, access control […]
May 25, 2021
May 25, 2021
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With the recent fire on Table Mountain razing a Cabinet minister’s home as well as the UCT Jagger Library (which housed historic documents and books) and Mostert’s Mill […]
May 25, 2021
May 25, 2021
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John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed […]
May 25, 2021
May 25, 2021
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Many employers often decide to leave disciplinary matters for a later date and/or overlook matters of concern to avoid conflict. However, when handled well, conflict can have […]
April 20, 2021
April 20, 2021
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The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it […]
April 20, 2021
April 20, 2021
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The property market has been a more advantageous ground recently than it has been in the past few decades. Especially if you are a millennial, whose news feed keeps you updated […]
April 20, 2021
April 20, 2021
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By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship […]
April 20, 2021
April 20, 2021
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The right to privacy is enshrined in Section 14 of South Africa’s Constitution and we understand it to be a vital human right. It states: “Everyone has […]
March 1, 2021
March 1, 2021
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With many businesses becoming casualties of the Coronavirus pandemic in the last few months, there are gaps opening up in the market for goods and services that were found […]
March 1, 2021
March 1, 2021
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Reinstatement in terms of the s 193(2) of the Labour Relations Act 66 of 1995 (LRA) According to s193(2) of the LRA, if it is found […]
March 1, 2021
March 1, 2021
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Many South Africans who simultaneously emigrate and cease to be South African tax residents are faced with a situation where the sale of a fixed property has not […]
March 1, 2021
March 1, 2021
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When it comes to protecting the rights of children, South Africa is considered to be one of the forerunners in legal progress and development. At the […]
February 16, 2021
February 16, 2021
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When, in the early 1990s, the personal computer was becoming popular in South Africa, people were slowly but surely starting to migrate physical activity to a […]
February 16, 2021
February 16, 2021
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Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally follows that you need to ensure that you don’t […]
February 16, 2021
February 16, 2021
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Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent […]
February 16, 2021
February 16, 2021
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As the COVID-19 pandemic is spreading across the globe, Minister of Health, Zweli Mkhize has expressed his concern that there is not enough testing being done […]
January 22, 2021
January 22, 2021
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2020 was an unpredictable year, to say the least. Each new week seemed to hold its own uncertainties and concerns. And in 2021, the world is […]
January 22, 2021
January 22, 2021
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2020 was a year that will always be remembered for a variety of reasons. Apart from the obvious invasion of COVID around the world, South Africa […]
January 22, 2021
January 22, 2021
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On 1 July 2020, the enactment of the Protection of Personal Information Act (POPI Act) commenced, which will come into full effect on 1 July 2021. As its name states, the […]
January 22, 2021
January 22, 2021
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Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, […]
November 27, 2020
November 27, 2020
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In November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager […]
November 27, 2020
November 27, 2020
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Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, […]
November 27, 2020
November 27, 2020
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Since the POPI Act came into effect on the 1st of July 2020, many businesses have had to rethink the way that they use and store information […]
November 27, 2020
November 27, 2020
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Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a close? Facilitating the transition […]
October 8, 2020
October 8, 2020
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The Domestic Violence Act 116 of 1998 (“the Act”) was enacted to recognise that domestic violence is a serious social evil. Because there is a high incidence rate of […]
October 8, 2020
October 8, 2020
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For more than three-quarters of South Africa, renting a home is the answer to their residential needs. Many tenants, though, are falling into the cracks of […]
October 8, 2020
October 8, 2020
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From January 2019, working South African men are entitled to 10 days of paternity leave after the birth of their child. The Labour Amendment Act also […]
October 8, 2020
Data is everywhere. In fact, because of the nifty autosave setting on the word processer used for writing this sentence, new information is being added to […]
September 16, 2020
September 16, 2020
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I gave instructions to my attorney to prepare a Will for me as my most recent Will no longer reflected my wishes. My attorney emailed the Will to me with clear instructions as […]
September 16, 2020
September 16, 2020
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Have you ever heard about the Sheriff of the Court coming to collect your assets and auctioning it off in order to cover your unpaid debt? Is it legal […]
September 16, 2020
September 16, 2020
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If there is anything that the time of COVID-19 has taught us, it is that technological preparedness is an essential part of running any business. In the past […]
September 16, 2020
September 16, 2020
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Contrary to popular belief, while price is a strong determining factor in whether you are able to afford a home, the property value has little impact on […]
August 7, 2020
August 7, 2020
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A business interruption insurance policy typically caters for a decrease in turnover or profit (depending on the type of cover); an increase in operating expenses and […]
August 7, 2020
August 7, 2020
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In these difficult economic circumstances, you may find yourself in a position where you are unable to pay your debt. The National Credit Act makes provision […]
August 7, 2020
August 7, 2020
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Purchasing a home is one of the biggest decisions most people will make in their lives. It makes sense then that this endeavour should be approached […]
August 7, 2020
August 7, 2020
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While the true effect of the lockdown will only be evident in a few months’ time, once the dust has settled around the re-opening of the economy, […]
July 6, 2020
July 6, 2020
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The property market for 2020 initially proved to be a buyers’ market. Though with the rise of the COVID-19 pandemic and the resultant lockdown’s effects on […]
July 6, 2020
July 6, 2020
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During March 2020, the South African Cabinet approved the National Road Traffic Amendment Bill (“the Bill”) for submission to Parliament. The Bill proposes amendments to the […]
July 6, 2020
July 6, 2020
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Smart contracts are agreements that self-execute without any human intervention when the conditions, as specified in digital form, are met. Blockchain, a decentralised digital ledger that […]
July 6, 2020
July 6, 2020
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We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left an extraordinarily […]
June 17, 2020
June 17, 2020
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Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, […]
June 17, 2020
June 17, 2020
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Preparing a home that will soon enter the market is one of the first steps of the selling process. But these preparations, intended to make a […]
June 17, 2020
June 17, 2020
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The real estate industry has always been known for utilising the latest technologies available to bring buyers and sellers together. From announcements at Town Hall gatherings […]
June 17, 2020
June 17, 2020
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In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the […]
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