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Jordaan And Others V City Of Tshwane Metropolitan Municipality And Others – Municipalities can no longer charge new owners for the debts of previous owners
On 29 August 2017, the Constitutional Court handed down judgment in an application for confirmation of an order by the High Court in Pretoria. The issue to be decided, was the meaning and constitutional validity of Section 118(3) of the Local Government: Municipal...
Consumer protection in respect of construction contracts
The Consumer Protection Act No. 68 of 2008 (the “CPA”) has been in effect since 2011, however, long before this Act, there have been other legislation around to protect consumers in the building and property law industry. One of these pieces of legislation in...
Meet the online legal thinking and solution you can trust – let us lead you into the future!
Access to speedy, reliable and affordable legal services is crucial to entrepreneurs. As attorneys, we are in the business of selling time and legal expertise, and obviously to make a decent profit in doing so. For years now, the public’s main objection with how...
Customary Law of Succession – Women’s rights to inherit property
Traditionally, women have been denied rights to property under the South African Customary Law of Succession as women were under the guardianship of the male in the family and did not have the legal capacity to either own or acquire property. The customary rule was...
Guarantees in construction contracts
In the construction industry, as with many other industries, guarantees are used as security for the payment of compensation and to secure the performance of the obligations of the employer and/or the contractor in the underlying building contract. In construction...
Prince v Minister of Justice and Constitutional Development – A case for privacy
On 31 March 2017, the High Court in Cape Town gave a seminal judgment in the case of Prince v Minister of Justice and Constitutional Development and Others , in which it declared sections of the Drugs and Drug Trafficking Act No. 140 of 1992 (hereinafter referred to...
Share buy-backs and its dividends tax implications
The Companies Act No. 71 of 2008, as amended (“the Act”), provides that a company may acquire its own shares to the extent that it is solvent and liquid, as more fully described in Section 4 of the Act. In essence, a share buy-back is a transaction where a company...
Property law in South Africa : Voetstoots rehashed – what about building plans?
In terms of property law in South Africa, many disputes have arisen from the fact that purchasers and sellers of properties do not understand what the voetstoots clause actually means. To buy “voetstoots”, means that the buyer is buying the property “as it stands”. In...
What happens to my deposit paid for the lease of a residential property?
It is general practice for landlords to request a deposit from their tenants before they move into a property – usually equal to 1 or 2 months’ rent. This deposit is required to enable the landlord to rectify any damage to the property or to provide for outstanding...
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