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samanthas@stbb.co.za
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- Dr Samantha Smith is a creative Attorney holding a BSocSci, LLB, LLM, and PhD (Law) from UCT. She leads content marketing & strategy across STBB's channels, thought leadership, SEO, and legal marketing collateral.
Pulse | Limiting RAF’s liability: Can a dependant claim loss of support when a motorcyclist dies by suicide?
Recently, the Supreme Court of Appeal (‘the SCA’) delivered an important judgment on the limits of liability in claims instituted against the Road Accident Fund (‘RAF’). In Road Accident Fund v L M, the Court considered whether RAF could be
Read MorePulse | When is a seller liable for damp, leaks, and other hidden defects?
In property transactions, discovering hidden damp, leaks, or other defects post-signature is commonplace. Often, purchasers may assume the seller is liable for effecting repairs, while sellers frequently believe that once the property has been sold, responsibility shifts entirely to the
Read MoreAll About Property Newsflash | Major court rulings shaping property law
In this edition of All About Property, STBB’s Darren Brander explores a landmark ConCourt decision and its implications for property developers and we report on the Western Cape High Court’s abolition of the ‘husband’s domicile’ rule. Landmark Constitutional Court judgment
Read MoreAll About Property Newsflash | ‘Husband’s domicile’ rule declared unconstitutional: A turning point for matrimonial property law
In a significant victory for gender equality and the rights of same-sex couples and non-binary persons, the Western Cape High Court has decisively struck down one of the last vestiges of a historically patriarchal approach to matrimonial property law in
Read MoreAll About Property Newsflash | Landmark Constitutional Court judgment on public land deals: Why developers should rethink due diligence
For property developers and investors, acquiring public land has traditionally centred on commercial fundamentals: Securing planning approvals, environmental authorisations, and financing. The Constitutional Court’s landmark judgment in Adonisi v Minister for Transport and Public Works, Western Cape, however, suggests that
Read MoreConveyancing Correspondent | The increase to conveyancing fees takes effect
Published earlier than anticipated, the Law Society of South Africa has updated its Guideline of Fees (‘the Guideline’). The Guideline, which delineates recommended fees for conveyancing-related transactions, including property transfers and bond registrations, will apply to all relevant instructions received
Read MoreAll About Property | Storm damage and leased property: Is the tenant, landlord, or body corporate responsible for repairing weather-related damage?
As the cold, rainy weather prevails across South Africa’s coastal provinces and other parts of the country, storm-related property damage is inevitable. Often, this raises uncertainty regarding liability for repairing the damage when a property is leased. Accordingly, when a
Read MoreAll About Property | Major real estate alert: Is a verbal property sale agreement legally binding?
A recent judgment of the Pretoria High Court could have significant implications for South African property law after the court found that an omission in section 2(1) of the Alienation of Land Act (‘the Act’) is unconstitutional for failing to
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