Property Law Update | Issue 22 – 2024

MUNICIPAL CLEARANCE CERTIFICATES – MAY THE AMOUNT CLAIMED INCLUDE INTEREST ON ARREARS? Moatshi v City of Tshwane Metropolitan Municipality (45183/2018) [2024] ZAGPPHC 331 (11 April 2024) This judgment investigated whether section 118(1) of the Local Government: Municipal Systems Act allows

STBB Newsflash | Deceased estate administration: Important update on foreign executors and SARS eFiling

STBB’s Estates Department is currently experiencing considerable delays in finalising the administration of deceased estates where the appointed executor is a foreign national or South African citizen who resides abroad and has not yet updated their details with the South

Property Law Update | Issue 21 – 2024

CAN ONE LOSE THE MONEY PAID FOR A LIFE RIGHT IN A RETIREMENT SCHEME? Herold Gie and Broadhead Inc v Harris N O and Others (602/2023) [2024] ZASCA 125 (13 September 2024) The Housing Development Schemes for Retired Persons Act

Pulse | September 2024

LABOUR LAW UPDATE: THE LABOUR APPEAL COURT CLARIFIES THE ROLE OF CONCILIATION IN LARGE-SCALE RETRENCHMENTS This month, the Labour Appeal Court (‘the LAC’) handed down a seminal judgment in NUMSA v SAA Technical SOC Ltd. Centring on an analysis of

Pulse | Expanding POPIA’s reach: Information Regulator publishes draft Regulations on Processing Health and Sex Life Data

Recently, the Information Regulator circulated draft Regulations on Processing Health and Sex Life Data under the Protection of Personal Information Act (‘POPIA’). Applicable to listed responsible parties processing personal information regarding data subjects’ health or sex life for circumscribed activities,

Pulse | Transforming the legal industry: Government approves the B-BBEE Legal Sector Code

Last week, the Minister of Trade, Industry and Competition gazetted the Broad-based Black Economic Empowerment Legal Sector Code of Good Practice (‘the LSC’), effective 20th September 2024. Underpinned by the objectives of the Broad-based Black Economic Empowerment Act (‘the B-BBEE

Pulse | Labour law update: The Labour Appeal Court clarifies the role of conciliation in large-scale retrenchments

This month, the Labour Appeal Court (‘the LAC’) handed down a seminal judgment in NUMSA v SAA Technical SOC Ltd. Centring on an analysis of section 189A(7)(b)(ii) of the Labour Relations Act (‘the Act’), the case provides much-needed clarity on

STBB Newsflash | Eighth time’s a charm: SARB lowers the repo rate

Moments ago, the Monetary Policy Committee of the South African Reserve Bank (‘SARB’) convened its fifth meeting of the year. As widely predicted by major financial institutions and economic analysts, SARB finally elected to lower the repo rate from 8.25%

All About Property | September 2024

SPLIT ZONING AND CLERICAL ERRORS: A SUMMARY OF CAPE ESTATE PROPERTIES (PTY) LTD V GEORGE LOCAL MUNICIPALITY In May 2023, a full bench of the Western Cape High Court found in favour of a developer, Cape Estate Properties (‘the Appellant’),

All About Property | High Court reverses property sale and orders the Deeds Office to revive Durban woman’s title deed

Recently, the Durban High Court in Naidoo v Changing Tides 17 (Pty) Ltd set aside a sale in execution and declared the subsequent transfer of immovable property to a third party invalid after determining that there was no legal basis

All About Property | Explainer: A seller’s guide to bond cancellation

Are you in the process of cancelling the bond over your property? Whether you’re intending to sell or are finalising the details of your sale agreement, there are various legal requirements and costs associated with formalising bond cancellation. At STBB,

All About Property | Split zoning and clerical errors: A summary of Cape Estate Properties (Pty) Ltd v George Local Municipality

In May 2023, a full bench of the Western Cape High Court found in favour of a developer, Cape Estate Properties (‘the Appellant’), in its appeal against a decision of the George Local Municipality concerning the determination of the zoning

Property Law Update | Issue 20 – 2024

COURT SCRUTINISES WHETHER PROPERTY BROKER’S SERVICES REQUIRED FAIS REGISTRATION Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023) [2024] ZAWCHC 219 (23 August 2024) This dispute involves a property broker’s claim for commission after

Newsflash | Banks’ lending practices under the spotlight: Government announces plans to amend the Home Loan and Mortgage Disclosure Act

Last week, newly-appointed Minster of Human Settlements, Mmamoloko Kubayi, revealed government’s plans to amend the Home Loan and Mortgage Disclosure Act (‘the Act’) to require banks to disclose additional information regarding their lending criteria, practices, and activities. Promulgated to encourage

Pulse | August 2024

SAFEGUARD YOUR LEGACY: SEVEN REASONS YOU NEED A WILL A key instrument in the management of your affairs post-death, a carefully drafted will provides direction and clarity to your loved ones and gives you peace of mind that your instructions

Pulse | The Constitutional Court clarifies FBE exemptions as SARS loses out on R800 million tax bill

Recently, the Constitutional Court delivered a landmark ruling in Coronation Investment Management SA (Pty) Limited v Commissioner for the South African Revenue Service, bringing an end to a protracted legal battle between SARS and a holding company having its tax

Pulse | 12 years of acrimony: A cautionary tale for couples in the process of divorcing

Earlier this month, the Johannesburg High Court ruled on an opposed Rule 43(6) application brought by the applicant to reduce his maintenance obligations in an ongoing divorce matter. The respondent counter-claimed, seeking an increase in maintenance and the payment of

Pulse | Safeguard your legacy: Seven reasons you need a will

A key instrument in the management of your affairs post-death, a carefully drafted will provides direction and clarity to your loved ones and gives you peace of mind that your instructions and wishes will be implemented. Accordingly, it is essential

All About Property | August 2024

HARASSMENT IN A COMMUNITY SCHEME: MUST RECOURSE BE SOUGHT UNDER THE HARASSMENT ACT OR THE CSOS ACT? In a May 2024 judgment (MM v Kiewiet ZAGPPHC 411 (3 May 2024)), the Gauteng High Court was tasked with making a decision

All About Property | Balancing Act: Illegally occupied municipal land that abuts a holiday resort

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another ZAGPJHC 731 (13 August 2024) There exists precedent in our law for awarding constitutional damages to a party where such party’s constitutional rights have been affected. In this judgment,

All About Property | Holder of right of extension in a sectional title scheme: When does liability for maintenance contribution arise?

Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others ZAKZDHC 40 (4 June 2024) The Kerkira sectional title scheme development was opened in 1992 on a large piece of land, some 44 hectares in extent. It

All About Property | Harassment in a community scheme: Must recourse be sought under the Harassment Act or the CSOS Act?

In a May 2024 judgment (MM v Kiewiet ZAGPPHC 411 (3 May 2024)), the Gauteng High Court was tasked with making a decision as to whether an interim protection order, issued under the Harassment Act, should be made final or

Property Law Update | Issue 19 – 2024

A POTENTIAL ‘RIGHT TO ACQUIRE PROPERTY’ AFTER MAKING A VALID OFFER, CAN BE PROTECTED BY WAY OF AN INTERDICT Vumazonke and Another v Rheeder and Others (835/2024) [2024] ZAECELLC 35 (16 July 2024) This judgment deals with a battle between

STBB Newsflash | Clarity on B-BBEE requirements for Property Practitioners

In March this year, the Property Practitioners Regulatory Authority (‘the PPRA’) asserted during a webinar, that possession of a valid and compliant B-BBEE certificate is a statutory prerequisite for the issuance of a Fidelity Fund Certificate (‘FFC’), without which property

Pulse | July 2024

DEADLINE LOOMS FOR COMMERCIAL BUILDING OWNERS TO DECLARE ENERGY USAGE After an initial postponement, the deadline for owners of private buildings (and accounting officers of public buildings) used for commercial purposes to comply with energy performance certification, is fast approaching.

Pulse | ‘Til divorce do us part: The Constitutional Court’s ruling on the enforceability of prenuptial agreements

Signifying the evolving complexities of family law, a contractual dispute connected to a divorce matter was recently ventilated before our Constitutional Court. In D H B v C S B, the Court was tasked with assessing the enforceability of a

Pulse | Deadline looms for commercial building owners to declare energy usage

After an initial postponement, the deadline for owners of private buildings (and accounting officers of public buildings) used for commercial purposes to comply with energy performance certification, is fast approaching. In 2020, government promulgated the Regulations for the Mandatory Display

Pulse | What is the impact of the increase to the earnings threshold on employees?

On 1st April 2024, the earnings threshold officially increased from R241 110.59 per annum to R254 371.67 per annum pursuant to section 6(3) of the Basic Conditions of Employment Act. The threshold is designed to safeguard vulnerable, lower-earning employees from

STBB Newsflash | Preventing SA’s grey list exit: The FIC’s patience is running out

In news reports this week, the Financial Intelligence Centre (FIC) has again lamented the fact that many accountable institutions remain non-compliant with its directives and the provisions of the Financial Intelligence Centre Act. The effect hereof, it records, is that

All About Property | Navigating the Tax landscape: Clarifying transfer duty v VAT on the sale of shares in a property-owning company connected to an enterprise

NAVIGATING THE TAX LANDSCAPE: CLARIFYING TRANSFER DUTY V VAT ON THE SALE OF SHARES IN A PROPERTY-OWNING COMPANY CONNECTED TO AN ENTERPRISE By Abduraghmaan Farao In a property-related transaction, one is responsible for paying transfer duty or VAT. There is

All About Property | Securing land tenure: An overview of the key provisions of the Deeds Registries Amendment Bill

SECURING LAND TENURE: AN OVERVIEW OF THE KEY PROVISIONS OF THE DEEDS REGISTRIES AMENDMENT BILL By Samantha Smith The Deeds Registries Amendment Bill (‘the Bill’) is currently awaiting presidential assent. The Bill, which was first tabled before Parliament in late

All About Property | July 2024

WE HAVE RELAUNCHED OUR KZN OFFICE! Earlier this month, we celebrated the relaunch of our office in KwaZulu-Natal, which marks a significant milestone in our commitment to expanding our nationwide presence and delivering exceptional and unrivalled client service to the

STBB Newsflash | Securing the Two-Pot Retirement System: The President Signs the Pension Funds Amendment Bill into Law

Over the weekend, President Ramaphosa signed the Pension Funds Amendment Bill (‘the Bill’) into law. The Bill, which amends various pieces of pension-related statutes, including the Pension Funds Act, is essential to the reconfiguration of South Africa’s retirement savings system.

STBB Newsflash | Interest Rates Remain Unchanged

This afternoon, the Monetary Policy Committee of the South African Reserve Bank (‘SARB’) convened its fourth meeting of the year. In accordance with economists’ recent predictions, SARB has yet again elected to keep the repurchase rate (‘repo rate’) at 8.25%

Property Law Update | Issue 18 – 2024

IS WAIVER OF A CONTRACTUAL RIGHT PROHIBITED BY A NON-VARIATION CLAUSE? Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa (330/2023) [2024] ZASCA 107 (3 July 2024) In this matter, the Supreme Court of Appeal considered whether

Property Law Update | Issue 17 – 2024

BANK’S PRE-AGREEMENT STATEMENT AND QUOTATION CONSTITUTES LOAN APPROVAL ‘IN PRINCIPLE’ Setso Property Fund (Pty) Ltd v Manama (2023/0027101) [2024] ZAGPJHC 592 (21 June 2024) In this rare instance where a seller chose to enforce an agreement against a defaulting purchaser,

STBB Newsflash | STBB re-launches KZN office

STBB is excited to announce the official re-launch of our office in KwaZulu-Natal today, 1st July 2024! In expanding our legal services to the province of KwaZulu-Natal, the re-establishment of our Durban office marks a significant milestone in our commitment

Property Law Update | Issue 16 – 2024

HOLDER OF A RIGHT OF EXTENSION IN A SECTIONAL TITLE SCHEME: WHEN DOES LIABILITY FOR MAINTENANCE CONTRIBUTION ARISE? Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021) [2024] ZAKZDHC 40 (4 June 2024) For the

STBB Newsflash | Proceed with Caution: The SCA Overturns Cyber Fraud Ruling

This week, the Supreme Court of Appeal (‘the SCA’) in Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90 overturned a seminal High Court ruling on cyber fraud. In a considered analysis, the SCA unanimously held that

STBB Newsflash | SARS Announces New Filing Window for Trusts

The South African Revenue Service (‘SARS’) recently announced the dates for the 2024 tax season. According to SARS, the income tax return filing dates for individuals are as follows: Non-provisional taxpayers: 15th July 2024 to 21st October 2024 Provisional taxpayers:

STBB Newsflash | Reminder: Changes to Property Practitioners’ Qualification Requirements

Recently, the Property Practitioners Regulatory Authority (‘the PPRA’) announced significant changes to the qualification regime for estate agents. In case you missed our previous communication regarding the PPRA’s decision to phase out logbooks, which was shared on our social media

Property Law Update | Issue 15 – 2024

SURETYSHIPS DO COME BACK AND HAUNT YOU Standard Bank of South Africa Limited v Van Staden and Another (10690/2023) [2024] ZAWCHC 142 (28 May 2024) In this judgment, the court was asked to make a finding on some tricky arguments.

STBB Newsflash | Interest Rates Remain Unchanged

Moments ago, the Monetary Policy Committee of the South African Reserve Bank (‘SARB’) convened its third meeting of the year. In line with economists’ predictions, SARB has again elected to keep the repurchase rate (‘repo rate’) at 8.25% to regulate

Your Marital Regime and Ownership of Immovable Property

YOUR MARITAL REGIME AND OWNERSHIP OF IMMOVABLE PROPERTY Matrimonial Property Act 88 of 1984 In our experience, when couples are on the brink of celebrating the ‘big day’, they are confident that they understand the legal consequences of entering into

Property Law Update | Issue 14 – 2024

IF THERE IS NO PRIOR AGREEMENT ON THE COMMISSION AMOUNT, IS IT THEN NOT PAYABLE? Golden Rewards 120 CC t/a Remax Marine v M3 Holdings (Pty) Ltd (D42/2019) [2024] ZAKZDHC 22 (10 May 2024) This judgment speaks volumes about commonplace

STBB Newsflash | Anti-Gender-Based Violence and Femicide Bill Signed into Law

Earlier today, President Ramaphosa signed the National Council on Gender-Based Violence and Femicide Bill (‘the Bill’) into law. The Bill, which recognises gender-based violence and femicide (‘GBVF’) as a pressing ‘social evil’ compounded by decades of structural violence, aims to

Property Law Update | Issue 13 – 2024

INCONSISTENT APPLICATION OF RULES IN AN HOA & THE CSOS ADJUDICATOR’S RESPONSIBILITY Reddy and Another v Cedar Lakes Homeowners Association NPC and Others (A018904/2022) [2024] ZAGPJHC 468 (17 May 2024) One would think that, with photographic evidence showing that an

Property Law Update | Issue 12 – 2024

RELIABILITY OF PROPERTY VALUATIONS WHEN EXECUTION IS SOUGHT SB Guarantee Company (Pty) Ltd v De Sousa (2023/035447) [2024] ZAGPJHC 459 (6 May 2024) When a financial institution makes application to court to declare a person’s home specially executable, submission of

STBB Newsflash | A New Dawn for Muslim Marriages: Historic Divorce Amendment Act Signed into Law

Last week, President Ramaphosa signed the much-awaited Divorce Amendment Act* (‘DAA’) into law. DAA, which amends various provisions of the Divorce Act to provide for the dissolution of Muslim marriages, is a significant milestone in aligning South Africa’s family law

STBB Newsflash | Conveyancing Fee Increase

On Wednesday afternoon, the Law Society of South Africa (‘the LSSA’) published its updated Conveyancing Guideline of Fees (‘the Guideline’). The Guideline, which delineates recommended fees for all conveyancing-related transactions, will apply to instructions received as from 27th May 2024.

Property Law Update | Issue 11 – 2024

DO DEVELOPMENTS WITH ‘LIFESTYLE CENTRES’ ATTRACT COMMERCIAL TARIFF RATES? Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (A2023/050651) [2024] ZAGPJHC 397 (15 April 2024) The argument that a gym and restaurant facility within a residential

STBB Newsflash | Insight From the PPRA’s Recent Webinar on Clarifying BEE Compliance

Last month, the Property Practitioners Regulatory Authority (‘the PPRA’) held a webinar on the current state of Black Economic Empowerment (‘BEE’) compliance within the property industry. During this virtual gathering, representatives from the PPRA asserted that the possession of a

Property Law Update | Issue 10 – 2024

“CITY OF TSHWANE NOT OBLIGED TO RESTORE POWER TO A COMMERCIAL SCHEME WITH MASSIVE DEBT City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1346/2022) [2024] ZASCA 51 (18 April 2024) Vresthena, the owner of six of the

STBB Newsflash | Renewed warning for estate agents: Don’t delay in submitting outstanding returns to the FIC

Over the weekend, the Law Society of South Africa held its annual general meeting (‘the LSSA AGM’). Unsurprisingly, compliance with the regulatory requirements of the Financial Intelligence Centre Act (‘FICA’) – and the critical role of the legal profession in

Property Law Update | Issue 9 – 2024

“MOUNTAINS ARE NOT FAIR OR UNFAIR – THEY ARE DANGEROUS”. SO TOO IS AGREEING TO OBLIGATIONS UNDER A LOAN AGREEMENT 68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024) The above

STBB Newsflash | The Financial Intelligence Centre Updates Estate Agents on Risk Assessment

Pursuant to its mandate to identify the proceeds of crime to combat money laundering and the financing of terrorist activities, the Financial Intelligence Centre (‘the FIC’) recently revised its risk assessment reports for legal practitioners and estate agents. These reports

Property Law Update | Issue 8 – 2024

LEARN FROM THE PITFALLS ARISING FROM ORAL MANDATES Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024) Nowadays, with so much business activity conducted digitally, it comes almost as a surprise to find that persons in

STBB Newsflash | Latest News on the Interest Rate

This afternoon, the Monetary Policy Committee of the South African Reserve Bank (‘SARB’) convened its second meeting of the year. In line with economists’ predictions, SARB has again elected to keep the repurchase rate (repo rate) at 8.25% to regulate

Property Law Update | Issue 7 – 2024

SOME WELCOME GUIDANCE ON THE CPA AND PRIVATE LEASES Venter and Another v Els and Another (3639/2024) [2024] ZAWCHC 83 (18 March 2024) The application of the Consumer Protection Act to once-off or other private leases, has caused much confusion

Property Law Update | Issue 6 – 2024

WILFUL IGNORANCE LANDS PROPERTY SELLERS WITH LIABILITY FOR DAMP DAMAGES Gortzen and Another v Moolman (A3022-2021) [2024] ZAGPJHC 1780 (28 February 2024) Getting the home showroom ready, remaining wilfully ignorant of the obvious, and allowing reckless half-truths to prevail, all

STBB Newsflash | Deeds Office Fee Increases

As anticipated, the Minister of Agriculture, Land Reform and Rural Development, Thokozile Didiza, published an amendment to the Schedule of Fees of Office, as prescribed by the Regulations to the Deeds Registries Act 47 of 1937, under GN R4447 in

STBB Newsflash | The National Budget Speech: Crunching the Numbers

This afternoon, the much-anticipated Budget Speech was tabled by Finance Minister Godongwana at Cape Town City Hall. Delivered against the backdrop of a projected revenue shortfall of R54 billion for the 2024/25 financial year, the Budget Speech contained the following

Newsflash | The Vodacom ‘Please Call Me’ Saga: Massive Payout Beckons for Former Employee After SCA Ruling

In November 2000, Kenneth Makate – who was then employed as Finance Manager at Vodacom – proposed that the mobile operator introduce a mechanism which allowed users with no credit to notify others to contact them. This idea purportedly developed

Property Law Update | Issue 5 – 2024

DEFAULTING PURCHASER SEEKS TO INTERDICT ON-SELLING Fatmols Lodges Proprietary Ltd v Botha and Others (017800/2023) [2024] ZAGPJHC 30 (17 January 2024) An anti-dissipation interdict is similar to an ‘ordinary’ interdict, but only to a certain extent. In a property law

Property Law Update | Issue 4 – 2024

COUNTER-OFFER IS THE RAIN ON A COMMISSION CLAIM PARADE J Space (Pty) Ltd v O-Yes Auctions CC (38603/2021) [2024] ZAGPJHC 32 (15 January 2024) The heading gives away the outcome in this judgment that ordered the auctioneer to return the

Newsflash | Whatsapp groups’ sharing frenzies curbed

Media24 is pleased that a precedent-setting Western Cape High Court judgment, handed down this week, found in its favour. The order comes after Media24 asked two ladies, who had paid subscriptions, to desist from sharing pdf copies of its journalists’

Property Law Update | Issue 3 – 2024

LEVY DETERMINATION DISPUTED: OMBUD, TRUSTEES OR THE COURT – WHO DECIDES ON CORRECT AMOUNT? Kobi v Trustees For The Time Being Of The De La Rey Body Corporate and Others (A68/2022) [2023] ZAFSHC 128; 2024 (1) SA 174 (FB) (14

Newsflash | Latest on the Interest rate

The SARB’s Monetary Policy Committee met this afternoon and, as was widely expected, left the repo rate unchanged at 8.25% and the prime lending rate at 11.75%. Economists advise that although a reduction of the rates is expected for 2024,

Property Law Update | Issue 2 – 2024

GUARANTEE OR SURETYSHIP: THEIR DIFFERENCES MATTER Standard Bank of South Africa Ltd v Wardkiss Property Holdings (Pty) Ltd (9324/22) [2023] ZAKZPHC 153 (19 December 2023) The distinction “often turns on a knife edge”, says academics, and telling a guarantee apart

Property Law Update | Issue 1 – 2024

TRUSTEES’ GOOD FAITH OBLIGATION: LEAVE PERSONAL BATTLES ASIDE Body Corporate of Sunnyside Gardens v Perreira ZAGPPHC 1960 (28 November 2023) Making oneself available as a trustee in a sectional title scheme is not without challenges. It obliges the appointed person

Subdivision of Agricultural Land Act of 1970

Agrisell asked Daniël Els, Senior Associate at STBB in Somerset West, to explain some of the complexities involved in the exchange of ownership of farm land. Agricultural land still to be subdivided: Section 3(e) of the Subdivision of Agricultural Land

Newsflash | News from the FIC – and is the community not growing?

Accountable institutions would all have received a Media Release from the FIC earlier this week, dated 4 December 2023. It served mainly as a reminder of sanctions that may follow on non-compliance and that, should non-compliance in a specific instance

Newsflash | Interest rate is unchanged

The South African Reserve Bank met earlier this afternoon and we are pleased to advise that the repo rate was left unchanged at 8.25%, meaning that the current prime lending rate remains at 11.75%. Since the interest rate hiking cycle

Newsflash | Medium Term Budget Speech

The Minister of Finance warned in recent months that government will need to tighten its belts and implement budget cuts amidst the low revenue collection. As South Africans we know that such cuts are necessary—the Treasury on Monday reported that

Newsflash | Email Fraud Notice

The sending of fraudulent emails, used for phishing or delivery of viruses and with the intention to compromise the recipient’s email account, is rife across the globe. The fraudsters will often use a recognised brand name to mask their identities.

Newsflash | PPRA’s recent notice on mandatory disclosure forms

Last week, on the 2nd of October, the PPRA sent a Practice Note and a draft exemption application to its database of property practitioners. Unfortunately both documents are riddled with apparent typing errors and other legal oversights and we are

Newsflash | FIC’S Directive 6 deadline looms

In March this year, the Financial Intelligence Centre (‘the FIC’) issued Directive 6 which required of estate agents (and other accountable institutions) to complete the Risk and Compliance questionnaire enclosed in the Directive and submit it to the FIC. Compliance

Newsflash | Latest on the Interest Rate

The Reserve Bank’s Monetary Committee announced a moment ago that it has decided not to hike the interest rate. The prime rate will therefore remain at 11.75% for the time being. The Committee meets again in November and we hope

Thought of the Week | Valuation Professionals and Estate Agents

A recent communiqué issued by the Property Practitioners Regulatory Authority alerts estate agents (as property practitioners) to the (obvious) responsibility that they may not perform services as professional valuers unless they hold the required qualifications that the South African Council

Property Law Update | Issue 12 – 2023

HOA COLLECTING DEBT: CHOOSE THE METHOD WISELY Waterkloof Boulevard Homeowners Association (Association Incorporated under Section 21) v Yusuf and Another (028945/2022) [2023] ZAGPPHC 737 (28 August 2023) A creditor, armed with a judgment debt in its favour, is often still

Property Law Update | Issue 11 – 2023

EVICTING STUDENTS: NOT ALL LEASES ARE ALIKE Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (UCT intervening as amicus curiae) (1335/2021) [2023] ZASCA 108 (3 July 2023) In this matter the Supreme Court of Appeal held that

Newsflash | Some good news from us Interest Rates

The Reserve Bank’s Monetary Committee announced a moment ago that it has decided not to hike the interest rate again. The prime rate will therefore remain at 11.75% for the time being. The Committee meets again in September, and we

Property Law Update | Issue 10 – 2023

UNINCORPORATED HOA: PRESCRIPTION ALERT Long Beach Owners Association v Miles N.O – Trial (624/2020) [2023] ZAECMKHC 71 (30 May 2023) When does a debt prescribe that an owner owes to its unincorporated homeowners’ association? Section 13(1)(e) of the Prescription Act

Property Law Update | Issue 09 – 2023

24 HOURS FOR A LESSON HOW TO CANCEL A LEASE VALIDLY Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023) [2023] ZAGPJHC 563 (25 May 2023) Often, when disputes arise in a lease or other agreement, both parties

Development Law Update | Issue 01 – 2023

We share some important industry activity with you in this Update, as follows: Green is the new gold: Index shows green-certified office buildings offer better return on investment The Housing Consumer Protection Bill – What is in this pipeline? A

Property Law Update | Issue 08 – 2023

PLAN APPROVAL A SALE CONDITION, BUT AGREEMENT SILENT ON WHO MUST PROCURE THIS Naidoo and Another v Sanders and Another (D1696/2020) [2023] ZAKZDHC 21 (4 May 2023) Part of the dispute in this judgment related to a suspensive condition in

Newsflash | Interest rate increase

SARB’s Monetary Policy Committee has, as expected, increased the repo rate by 50 basis points from 7.75% to 8.25% effective 26 May 2023. Similarly, the prime lending rate has increased by this margin from 11.25% to 11.75%. This is the

Property Law Update | Issue 07 – 2023

SECOND SALE FOR A LOWER PRICE & DAMAGES SUFFERED Klopper N.O and Others v Marais and Another (4786/2019) [2023] ZAFSHC 65 (6 March 2023) Sale agreements have cancellation provisions stating what parties should do where the sale is to be

Newsflash | Gas compliance certificates go digital

SAQCC Gas is a nonprofit company which is mandated by the Department of Employment and Labour to register and maintain a central database, on the department’s behalf, of gas practitioners within the following gas industries: Natural Gas; Liquified Petroleum Gas;

Newsflash | Inward forex for property purchases

We have noted that there are some delays in offshore bank transfers to South Africa due to greylisting by the Financial Action Task Force (FATF). To ensure a smooth and timely transfer of funds, we encourage our clients to send

The disposal of the stands by co-township owners in the same township

The registration of the portion of the township into the name of the new township co-owner. When a portion of a township is sold and transferred into the name of the purchaser, the township suddenly has two township owners, firstly

Newsflash | Interest rate increase

South Africa’s central bank this afternoon announced that interest rates will be hiked – to a 13-year high – with 50 basis points. This raises the key rate from 7.25% to 7.75%. In turn, the prime lending rate (the rate

Property Law Update | Issue 06 – 2023

PROPERTY SELLER LIABLE TO PROVIDE OCCUPANCY CERTIFICATE? Werner and Another v Barnard N.O. and Others (8903/2021P) [2023] ZAKZPHC 32 (17 March 2023) This judgment raises the question whether a seller who undertook to give vacant occupation to a purchaser of

Property Law Update | Issue 05 – 2023

AGREEMENT VAGUELY REFERS TO CAVEAT AGAINST PROPERTY: GROUNDS TO WALK AWAY? Anioma Property (Pty) Ltd v DMFT Property Developers and Others (49230/2021) [2023] ZAGPJHC 209 (7 March 2023) Purchasers are often inattentive to details when putting pen to paper to

Conveyancing Correspondent | Deeds Office fees – tariff increase

Please see the list of the new deeds office registration fee tariffs that will be in effect as from 1 April 2023. It is important to avoid a shortfall in the funds you collect from clients in respect of the

Property Law Update | Issue 04 – 2023

HOA CLAUSE OBLIGING OWNER TO BUILD WITHIN CERTAIN TIME, FAILS Chapman’s Bay Estate Homeowners’ Association v Lotter and Others (9387/2022) [2023] ZAWCHC 35 (24 February 2023) ‘Khalil Gibran was of the view that “between what is said and not meant,

STBB Newsflash : National Budget: March 2023 to end of February 2024

The much anticipated budget speech delivered this afternoon by Finance Minister Godongwana, contained the following highlights: The transfer duty tables will change on 1 March 2023. The entry amount of paying transfer duty is increased to R1 100 000 and

Property Law Update | Issue 03 – 2023

TRUSTEE DUTIES BECOME MORE INVOLVED General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act, 2022 The legislative frenzy over the past few months to put systems in place to improve South Africa’s anti money laundering efforts is known to

Newsflash | International fund transfers and FICA: Who must comply?

As you are aware, many changes to the FIC Act are being implemented in South Africa’s efforts not to be grey-listed. New regulations regarding reporting obligations in respect of international fund transfers in excess of R19 999 become operative today.

Newsflash | Reserve Bank hikes it again

Moments ago, the Reserve Bank announced yet a further increase in the lending rate by 25 basis points. This means that the repo rate (the rate at which the Reserve Bank lends money to commercial banks) will increase from 7%

Property Law Update | Issue 02 – 2023

NOT QUITE A BENEFICIARY OF A TRUST: NO LOCUS STANDI FOR ORDER TO SEE ACCOUNTS N and Others v Maluleke N.O and Others (5983/2021) [2022] ZAGPPHC 911 (25 November 2022) There are many permutations in trust deeds regarding the way

Property Law Update | Issue 01 – 2023

TRUSTEE RESOLUTION FOR LOAN CONSTITUTES OSTENSIBLE AUTHORITY DESPITE REQUIRED NUMBER OF TRUSTEES NOT APPOINTED Nedbank Limited v Mhlari N O and Others (37766/2018) [2022] ZAGPJHC 719; 2022 (6) SA 438 (GJ) (22 September 2022) Practitioners dealing with trust transactions will

The Deeds Office records for a portion of a township transferred to a new township owner

The sale of a portion of a proclaimed township is not a common occurrence The sale of a portion of a proclaimed township in terms of Section 47 of the Deeds Registries Act is not a common occurrence. Conveyancers, Deeds

Property Law Update | Issue 24 – 2022

LEVIES FOR BALCONY MAINTENANCE: WHOSE RESPONSIBILITY? Baxter v Ocean View Body Corporate and Others (A170/2022) [2022] ZAWCHC 234 (16 November 2022) We know that in sectional title schemes the trustees raise levies to apply towards, amongst other things, the maintenance

Newsflash | Non-Residential building owners, take note before 7 December

In terms of regulations issued under the National Energy Act, non-residential building owners and their state counterparts (the ‘Accounting Officers’ in government departments) must publicly display an energy performance certificate at their building entrances on or before 7 December 2022. What is

Newsflash | Interest rate increase

This afternoon, the Reserve Bank announced yet a further increase in the lending rate by 75 basis points. This means that the repo rate (the rate at which the Reserve Bank lends money to commercial banks) will increase from 6.25%

Newsflash | Estate agents and the broader property practitioner group: must everyone now do FICA?

In terms of the Financial Intelligence Centre Act (‘FICA’), estate agents as they were defined in the (now repealed) Estate Agency Affairs Act, were designated as ‘accountable institutions’ and accordingly became obliged to comply with the FICA. With the coming

Newsflash | Amendments to cash threshold reporting in effect

Two weeks ago, we advised you of the change in the FICA regulations regarding the amount of a cash receipt that triggers the requirement to submit a CTR (cash threshold report) to the FIC. The change came into effect Monday

Property Law Update | Issue 23 – 2022

HOLDER OF RIGHT OF WAY SERVITUDE SEEKS A GATE OVER THE ROAD: MUST THE SERVIENT LAND OWNER AGREE? Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021) [2022] ZASCA 137 (24 October 2022) Property owners appreciate that when a

Newsflash | The 2020 Sectional Titles Amendment Bill : update

At the end of last month, Parliament passed the Sectional Titles Amendment Bill and it is now with President Ramaphosa for assent. The most important changes relate to subdivisions, consolidations and extensions of the scheme by developers in the period

Property Law Update | Issue 22 – 2022

LEASES, REMISSION AND COVID: MURKY WATERS Slabbert N O & 3 Others v Ma-Afrika Hotels t/a Rivierbos Guest House (772/2021) [2022] ZASCA 152 (4 November 2022) This is yet another judgment dealing with the devastating effect that Covid and the

Newsflash | FICA cash threshold reporting changes

In the Government Gazette published on 14 October 2022, the Minister of Finance increased the threshold for cash receipt reporting from R24 999 to R49 999, with effect from 14 November 2022. (Interestingly, in the 2021/2022 financial year, the FIC

Property Law Update | Issue 21 – 2022

DISCONNECTING DEFAULTING SECTIONAL TITLE OWNERS’ WATER AND ELECTRICITY Lion Ridge Body Corporate v Alexander; Lion Ridge Body Corporate v Morata; Lion Ridge Body Corporate v Mukona and Another (17074/2022; 18106/2022; 19220/2022) [2022] ZAGPJHC 713 (21 September 2022) It might, on

Development Law Update | Issue 03 – 2022

We share some important industry activity with you in this Update, as follows: Developers, the property practitioners authority & the 31 October due date Property development manager average salary Re-zoning: Conveyancer’s explanations for entrants to property development Construction management profession’s

Property Law Update | Issue 20 – 2022

TRUSTEES OF FAMILY TRUST CANNOT CRY FOUL IF THEY DID NOT DO THEIR HOMEWORK Nedbank Limited v Mhlari N O and Others (37766/2018) [2022] ZAGPJHC 719 (22 September 2022) When a Trust Deed stipulates that a certain number of trustees

Newsflash | Repo Rate Increase

The Reserve Bank announced just now that the repo rate increases with 75 basis points to 6.25%. What does this mean? The ‘repo rate’ is the rate at which the Reserve Bank lends to commercial banks. Between November 2021 and

Property Law Update | Issue 19 – 2022

WHICH WILL TRUMP: YOUR CONDUCT IN ASSUMING THE SALE DID NOT LAPSE, OR THE TIMEFRAMES FOR LAPSING STIPULATED IN THE CONTRACT? Thokan v Kriegler and Another (40781/2018) [2022] ZAGPJHC 680 (13 September 2022) The background facts in this judgment tells

Property Law Update | Issue 18 – 2022

CC MEMBER’S MAJORITY VOTE GETS HIM THE OTHER MEMBER’S INTEREST: HARSH OUTCOME NOT NECESSARILY UNJUST Marcelle Props 118 CC and Others v Bryan (A5076/ 2021) [2022] ZAGPJHC 671 (7 September 2022) Two colleagues hold members’ interest (split 75%/25%) in a

Property Law Update | Issue 17 – 2022

“IF YOU DON’T LIKE IT, LEAVE!”: IS THIS REPUDIATION OF THE LEASE BY THE LANDLORD? Highflyer Properties (Pty) Ltd v Franchkings (Pty) Ltd (40462/2019) [2022] ZAGPJHC 612 (29 August 2022) The answer is yes and no, it depends. The court

Development Law Update | Issue 02 – 2022

We share some important industry activity with you in this Update, as follows: Greenwashing a development: Vague marketing jargon can land you in hot water Building owners must have Energy Performance Certificates by December 2022 A local mafia targeting property

Property Law Update | Issue 16 – 2022

HOA PENALTY FOR NOT BUILDING IN TIME: IS TAKING A HARD LINE UNFAIR? De Wet N.O. and Others v Water’s Edge Home Association; De Kock N.O. and Another v Water’s Edge Home Association (A110/2022) [2022] ZAWCHC 155 (24 August 2022)

Thought of the Week | Prescription of a maintenance order

The underlying premise of prescription law is that a debtor’s liability to settle a debt lapses after a stipulated period and if not acted upon by the creditor. In the context of a divorce maintenance order, prescription can have serious

Property Law Update | Issue 15 – 2022

A BUYER FOR YOUR EX PARTNER’S HALF SHARE: CAN BE TRICKY Bosman v Hoffmann (48330/2021) [2022] ZAGPPHC 588 (12 August 2022) Apart from the emotional strain that accompanies the break-up of a cohabiting couple, it is another hurdle to untangle

Thought of the Week | There will be more and more of FICA, always

New Bills In October 2021, the Financial Action Task Force (FATF) published its evaluation of South Africa’s anti-money laundering measures and identified some shortcomings. These are such that we risk being greylisted by the FATF when it meets in February

Property Law Update | Issue 14 – 2022

SECTIONAL TITLE SCHEME ADMIN CHAOS: WHAT A COURT WILL CONSIDER BEFORE APPOINTING AN ADMINISTRATOR The Body Corporate of Stamford Hall v Molapo and Another (A3086/2021;9568/2020) [2022] ZAGPJHC 498 (3 August 2022) Sectional title management law is, presently, premised on the

Thought of the Week | Asbestos in your home and the law

Due to the risk of exposure to asbestos dust when certain work is done in respect of buildings that have asbestos fittings, our Occupational Health and Safety Act prescribes measures to safeguard those performing the work. The compliance requirements are

Property Law Update | Issue 13 – 2022

ELECTRICITY CUT BECAUSE YOUR LANDLORD DID NOT PAY THE MUNICIPALITY Wilrus Trading CC v The City of Tshwane Metropolitan Municipality and Another (36299/22) [2022] ZAGPPHC 509 (15 July 2022) In addition to the load shedding woes, imagine the anguish of

Property Law Update | Issue 12 – 2022

WILL SERVITUDES SURVIVE MERGER WHEN THE DOMINANT AND SERVIENT LANDS ARE ACQUIRED BY ONE PERSON AND LATER TRANSFERRED TO NEW OWNERS? Turnbury House Properties (Pty) Ltd v Wallin and Another (18924/2020) [2022] ZAWCHC 95 (18 May 2022) A praedial (land)

Newsflash | Fifth successive rate hike for 2022

The Reserve Bank increased the repo rate by 75 basis points to 5.5% per year, this afternoon, a fifth successive rate hike by the monetary policy committee. This hike and the 50 basis points hike in May this year, are

The impact of mineral rights on township establishment

The owner of land, in terms of our common law, is also the owner of everything below the surface of the land, which will then include the minerals on and below the surface of the land. Nevertheless, the landowner’s right

Municipal planning by-laws come with provincial and national restrictions

The transfer and registration of property at the Deeds Office. When a person sells his or her house the seller and purchaser reduce their agreement to writing. The same principle applies when a developer sells a stand and enters into

Property Law Update | Issue 11 – 2022

PRESCRIPTION NOT A DEFENCE AGAINST THE DILIGANT CLAIMANT’S EFFORTS Rademeyer v Ferreira (343/2021) [2022] ZASCA 92 (17 June 2022) Some 14 years after entering into a sale agreement and paying the deposit, the purchaser remained obstinate in his refusal to

Property Law Update | Issue 10 – 2022

FIRING YOUR MANAGING AGENT AND OTHER TRUSTEE CHALLENGES The Body Corporate of Brushwood Sectional Title Scheme vs Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022) It is not often that a matter is reported dealing with

Thought of the Week | Antenuptial Agreements: Finality of arrangement regarding assets?

When spouses-to-be enter into antenuptial agreements and regulate how they see the future of their patrimonial affairs, their expectation is that the agreement is binding. However, because of the unique, very personal nature of a marriage, our laws grant limited

Newsflash | Repo Rate Increase

The SARB’s Monetary Policy Committee have taken the decision to increase the Repo Rate yet again by 50 basis points [0.50%] from 4.25% to 4.75%, which will take effect on 20 May 2022. Therefore, the Prime Rate has also increased

Property Law Update | Issue 09 – 2022

ALARM BELLS: YOU’RE A TRUSTEE OF A TRUST TOGETHER WITH YOUR EX PM N.O and Another v DM N.O and Another (26855/2021) [2022] ZAGPPHC 313 (4 May 2022) Of course it can be very tricky to remain a trustee of

Conveyancing Correspondent | Companies Act 71 of 2008

Dear Correspondent As you know, when the new Companies Act 71 of 2008 became operative in 2013, the Chief Registrar issued circular 28 of 2013 to deal with various practical aspects when there are transactions relating to companies lodged for

Property Law Update | Issue 08 – 2022

REZONING DECISION: MUNICIPAL BY-LAW WORDING NOT TO BE WATERED DOWN BY RELIANCE ON CONTEXT OF DELIBERATIONS WHEN THE BY-LAW WAS CONSIDERED Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020) [2022] ZAWCHC 71 (11 May 2022) Stellenbosch’s

Development Law Update | Issue 01 – 2022

We share some important industry activity with you in this Update, as follows: Treasury launched SA’s first Green Finance Taxonomy on 1 April 2022: What is this about? Notes on recent case law that impacts on the property development industry.

Property Law Update | Issue 07 – 2022

PREMISES LEASED FOR PURPOSES OUTSIDE ZONING ALLOWANCE: IS THE AGREEMENT VOID? Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022) The answer to the above was in the affirmative, in this judgment, and the landlord was

Property Law Update | Issue 06 – 2022

NOT KNOWING AND PRESCRIPTION Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022) The judgment tells a story of the on-sale of a farm that was subdivided and consolidated over years, so that later on both

Conveyancing Correspondent | New Deeds Office Registration Fees

Please see the deeds office registration fees that will become payable with effect from 1 April 2022 for deeds registered after that date. Our accounts will include the new tariffs with effect from then and we trust that you will

Thought of the Week | The FIC centre, estate agents and interesting statistics

The FIC has just released its March 2022 Assessment of the inherent money laundering and terrorist financing risks: REAL ESTATE SECTOR. We suggest that you read the report in full. Some core findings are: Some 6910 cash threshold reports were

Thought of the Week | How to resolve tax disputes

FEE FI FO FUM – SARS IS WATCHING YOU FROM FAR BEYOND, SHOULD YOU BE ALIVE OR DEAD, SARS WILL GET HIS TAXES, NONETHELESS… There are many things one can escape in life but facing the mighty giant, SARS, is

Guide to the new Property Practitioners Act

On Friday 14 January 2022, a notice in the Government Gazette announced that the Property Practitioners Act will become effective on 1 February 2022. Final regulations were also released. Click HERE to view my Guide to the new Property Practitioners Act

Thought of the Week | Life partners left out of wills: A big win by our litigation team

Generally, where life partners do not conclude a civil marriage, difficulty arises if one of the partners passes away without nominating the other partner as a beneficiary in his or her will. This is because of the wording in the

Property Law Update | Issue 05 – 2022

CANCELLING A SALE AGREEMENT: NOT AS EASY AS YOU MAY HAVE THOUGHT Dolce Domus CC v Herholdt and Another (742/2021) [2022] ZAECPEHC 5 (24 February 2022) In this sale agreement, so many things went wrong! The seller’s feet turned cold

The impact of Eskom servitudes on the layout of a proposed township

The title deed for a piece of land on which the owner thereof plans to establish a township lists all the title conditions to which the land is subject and entitled to. If there are no title conditions noted against

Property Law Update | Issue 04 – 2022

FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD? Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022) The Community Schemes Ombud Service provides for a dispute resolution mechanism in community schemes. In establishing this

Thought of the Week | Are Homeowners Penalised For Early Settlement Of The Mortgage Loan?

When a bonded property is sold, transfer to the new owner may only proceed once the seller has settled the mortgage loan with the bank and the bond itself is cancelled in the deeds office. Here and there one finds

Property Practitioners Act | Instalment 10

How the authority will deal with complaints against you In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 Instalment #4 Instalment #5 Instalment #6 Instalment #7 Instalment #8 Instalment #9 This is #10 in our short

Blog | Expert Determination versus Arbitration

It is important for contracting parties to identify and agree on the most appropriate way for resolving differences and disputes that may arise between them. Possible dispute resolution processes include negotiation, conciliation, mediation, arbitration, litigation and expert determination. This article

Property Practitioners Act | Instalment 9

Less red tape and good news In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 Instalment #4 Instalment #5 Instalment #6 Instalment #7 Instalment #8 This is #9 in our short series of instalments on all

Property Practitioners Act | Instalment 8

All about you and your FFC In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 Instalment #4 Instalment #5 Instalment #6 Instalment #7 This is #8 in our short series of instalments on all the new

Property Practitioners Act | Instalment 7

Re-looking your professional relationships In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 Instalment #4 Instalment #5 Instalment #6 This is #7 in our short series of instalments on all the new things to bear in

Property Practitioners Act | Instalment 6

When you are not entitled to receive commission In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 Instalment #4 Instalment #5 This is #6 in our short series of instalments on all the new things to

The legal status of a township with more than 1 township applicant

There are a number of townships, with two or more township applicants, which have been legally approved by the powers that be with formal conditions of establishment and with General Plans approved by the Surveyor-General for which the Registrar of

Property Practitioners Act | Instalment 5

Disclosure Form, voetstoots & who is liable when the defects show up In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 Instalment #4 This is #5 in our short series of instalments on all the new

Property Practitioners Act | Instalment 4

Your list of new administrative tasks, courtesy of the Property Practitioners Act In case you missed our previous instalments. Instalment #1 Instalment #2 Instalment #3 This is #4 in our short series of instalments on all the ducks to have

Property Practitioners Act | Instalment 3

What new conduct rules must estate agents comply with? The Code of Conduct, sanctionable conduct, and undesirable practices In case you missed our previous instalments. Instalment #1 Instalment #2 This is #3 in our short series of 10 instalments on

Property Law Update | Issue 03 – 2022

‘LIFE RIGHT’ HOLDERS CAN HALT FURTHER DEVELOPMENT IN RETIREMENT SCHEME Flower Foundation Pretoria Homes for the Aged NPC v Registrar of Deeds, Pretoria and Others (942/2020) [2022] ZASCA 8 (20 January 2022) Legislation passed to protect holders of life rights

Property Practitioners Act | Instalment 2

What changes are required to your mandate and other documentation? This is #2 in our short series of 10 instalments on the most important requirements that you must implement to be ready and compliant with the Property Practitioners Act on

Property Practitioners Act | Instalment 1

Get the new property condition report ready and branded before signing a mandate This is #1 in our short series of 10 instalments on the most important requirements that you must implement to be ready and compliant with the Property

Thought of the Week | Divorce law and having your close ones near on special occasions

Agreements regarding access to children after divorce cannot always foresee future complications. Consider, for example, the many instances where it would be necessary to make arrangements to adapt the agreed times that the child may be with one parent: The

Thought of the Week | Divorce law and having your close ones near on special occasions

Agreements regarding access to children after divorce cannot always foresee future complications. Consider, for example, the many instances where it would be necessary to make arrangements to adapt the agreed times that the child may be with one parent: The

Property Law Update | Issue 02 – 2022

REPUDIAION MUST LEAVE NO DOUBT Pretorius v Bedwell (659/2020) [2022] ZASCA 4 (11 January 2022) When the relationship between contracting parties sour, there is often a pointing of fingers as to which one was the cause of the ultimate failure

Property Law Update | Issue 01 – 2022

PARTIES AGREE ON 3RD PARTY TO ASSESS VALUE OF SHARES IN DISPUTE: VALUER GETS ONE GO ONLY? Tahilram v Trustees of the Lukamber Trust and Another (845/2020) [2021] ZASCA 173 (9 December 2021) In shareholders’ agreements, provision is usually made

Thought of the Week | Proving that you are no longer a South African tax resident

South Africa has a residence-based tax system. This means that residents are, subject to certain exclusions, taxed on income received here irrespective of where in the world the income was actually earned. Non-residents in South Africa, on the other hand,

Thought of the Week | The value of your old identity document

The Identification Act 68 of 1997 (“the Act”) has very specific provisions that apply should you come into (re)possession of a lost or stolen identity document (or identity card). You would have had to replace your lost/stolen identity document or

Property Law Update Issue 29 – 2021

SIGNING THE SALE AS EXECUTOR: WATCH OUT Bluegrass Trading 1112 CC t/a Rawson Properties v Ramsern and Another (39592/2019) [2021] ZAGPJHC 753 (30 November 2021) Married persons often appoint their spouses as executors in their deceased estates. When acting in

Newsflash | Section 25 of the Constitution remains unchanged: is this the end of the debate?

After three years of intense debate and politicking, the National Assembly yesterday afternoon voted against changing the Constitution to (explicitly) provide for expropriation of land without compensation. Thus the “property clause” in the Constitution, section 25, remains unchanged – for

Thought of the Week | More on covid regulations’ impact on commercial lease agreements

As the world adapts to the new normal, legal professionals are tasked with interpreting the obligations of parties to existing agreements in so far as they have struggled to perform as usual as a result of the ever-changing COVID-19 Regulations.

Thought of the Week | Trading in water rights & agricultural land transactions

In the commercial agricultural sector, there existed a longstanding practice in which the holder of water rights who was not utilising the rights, or only using part of the quota, could sell or trade such rights with a third party.

Property Law Update | Absent provision to the contrary, a deposit must be returned on failure of the agreement

Royal Energy Management Services (Pty) Ltd v Carse N.O (6426/2021) [2021] ZAWCHC 241 (23 November 2021) A sells his Ferrari to B who happily puts down a 40% deposit. B approaches the bank for a short term loan for the

Property Law Update | Remission of rent due to Covid: Remedy available for sub-tenant?

Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020) [2021] ZAWCHC 240 (19 November 2021) In our law, in specific instances, a tenant may claim remission of rental, in whole or in part,

Thought of the Week | Sectional title schemes and generators

When your anxious matriculant is studying for an important test, having a generator on the scheme’s common property to stand in during load shedding is a bonus. Less so if you bought into the same scheme because of its peaceful

Newsflash | Cape Town Deeds Office News

Dear Client We confirm that the Cape Town deeds office has now confirmed their December 2021 arrangements in anticipation of their closure over the festive season. For that office, the following applies: • The last day for registrations is 22

Newsflash | Pretoria Deeds Office News

Dear Client We confirm that the Pretoria deeds office has now confirmed their December 2021 arrangements in anticipation of their closures over the festive season. For that office, the following applies: • There will be extended hours for registration in

Thought of the Week | Nominations and tripartite agreements: Know your law

EASY WAY TO MAKE A QUICK PROFIT X sells an immovable property to Y for R2 million. Before registration in the deeds office is effected, Y on-sells to Z who offered Y R2,5 million for the same property. With spring

From the desk of Annetjie | Tenant not vacating

Frustration and financial losses of a property owner, resulting from a tenant in arrears and who refuses to vacate after the lease was cancelled, have lead many a landlord to change locks or deny access to the leased premises in

Property Law Update | Sectional title trustees’ resolutions that impact the rights of outsiders: on what basis may a court intervene?

Trustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd and Another (304/2020) [2021] ZASCA 157 (5 November 2021) Trustees, as body corporate nominees, have no easy job. This judgment highlights how trustees,

Property Law Update | The risks of half-truths about a leaking roof in the sale of a home

Le Roux v Zietsman and Another (HCA10/2020) [2021] ZALMPPHC 79 (2 November 2021) When the Zietsmans purchased a sprawling guesthouse, they were advised by the seller of one or two leaks in the roof which had been fixed. Three months

The sale and transfer of the whole, portion or remainder of a township

When a township applicant completes the township establishment process until the township is declared an approved township, he can finally reap the richly deserved reward for this strenuous effort by marketing and selling the stands in this township which then

Thought of the Week | Converting share block schemes to sectional title

When you stand in front of a block of flats you will not know, without more information about its initial creation, whether it is a share block scheme or sectional title. So where does the difference lie if it is

Thought of the Week | How to increase the size of your section

It is possible for owners of sections in Sectional Title Schemes to extend their sections. This normally happens when an owner requests the body corporate to allow (with consent by Special Resolution) him/her to enclose a balcony or incorporate another

Property Law Update | Illegal use of property: Bite the bullet and pay the penalties

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA) (9 July 2021) The property owners in this matter rented out rooms in their home to students and young professionals, rendering

Property Law Update | Revoking a purchaser’s access to property in delayed transfer

Mutale and Another v Forte and Others (2021/46077) [2021] ZAGPJHC 573 (19 October 2021) There is a continuous recurrence of judgments dealing with spoliation applications. These applications are brought by applicants who allege that their peaceful possession of property was

Thought of the Week | The importance of a conveyancer’s certificate for property development or improvement

Every property has a title deed in which certain facts about that piece of land are recorded. Included in this title deed are the so-called ‘title conditions’ which, amongst other things, may list certain prohibitions on the use of the

Property Law Update | Sale subject to ‘obtaining funds from’ an inheritance

Patrinos (N.O) v Theresa (883/2021) [2021] ZAFSHC 226 (17 September 2021) In property sale transactions that do not follow the usual pattern – facilitated by an estate agent with funding obtained from a bank – it is important for sellers

Property Law Update | Financially struggling unit owner: May trustees agree on settlement amount?

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81 (23 September 2021) This judgment is very important for trustees and managing agents. It explains why trustees and managing agents, whether or not out of goodwill, will

Newsflash | Update on Cape Town’s Rates Clearance Delays

Dear Client We recently updated you on the present delays at the City of Cape Town municipality for the issuing of rates clearance certificates. As these certificates are compulsory for effecting registration of transfer of property ownership, it impacts on

Thought of the Week | Authentication of documents signed abroad but intended for legal use in South Africa

Certain authentication requirements apply to documents that are signed abroad but are intended for (legal) use in South Africa. The documents required for the transfer of ownership of property is one example of documents requiring authentication. How these documents must

Property Law Update | Trustees Successfully limiting levy defaulter’s access to certain owner perks

McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021) The golf estate where the complainant in this matter owned units, offered to its owners the option, with the consent of the trustees, to rent

Property Law Update | Case buyer and seller disputing whether the sale was subject to a condition to get a bond

McGrane v Cape Royale The Residence (Pty) Ltd (831/2020) [2021] ZASCA 139 (6 October 2021) We all know that when a dispute between a seller and buyer arises in the context of the sale of property, the party seeking to

Newsflash | Rates Clearance Delays and Your Transaction With Us

Dear client The City of Cape Town municipality is experiencing a backlog in issuing rates clearance certificates. As these certificates must accompany the formal set of documents that is sent to the deeds office to effect transfer of ownership in

Thought of the Week | Five common mistakes that sellers make when signing a property sale agreement

STBB’s conveyancing team advises as follows: In sales of sectional title properties, there often is confusion as to whether or not the exclusive use areas of which the seller enjoys beneficial use form part of the sale. This depends on

Property Law Update | Sectional title owners’ various debts: It cannot all be claimed back by the body corporate upon the debtor’s sale of the unit

The Body Corporate Marsh Rose v Steinmuller and Others (A5002/2020) [2021] ZAGPJHC 440 (23 September 2021) Before an owner of a unit in a sectional title scheme can achieve transfer of his unit to a purchaser, a levy clearance certificate

Property Law Update | When exclusive use areas are “lost” upon sale by developer of last unit

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019) [2021] ZAWCHC 180 (31 August 2021) This judgment deals with the sticky scenario that arises when a developer

From the desk of Annetjie | Property-related aspects arising from the Civil Union Act

Since the implementation of the Civil Unions Act 17 of 2006, property practitioners should familiarise themselves with the property-related aspects arising from the Act. The different forms of civil unions (which can be male/female or same sex) require individuals, especially

Thought of the Week | Whose wall is it anyway? Boundary walls and common walls in terms of South African law

There are two schools of thought in South Africa on the subject of boundary or common walls. The first follows the notion of co-ownership; this ideology runs on the basis of two neighbouring owners being co-owners of the common wall

Newsflash | Relocation of our East London branch

The STBB office in East London has recorded rapid growth over the past four years and the related increase in workload and personnel, prompted a move to larger office space. We are proud to advise that the East London office

Property Law Update | Relying on an agreement with a previous land owner to drive over a property

Legemaat N.O and Others v Arplorox (Pty) Ltd and Others (60278/2019) [2021] ZAGPPHC 569 (30 August 2021) In an almost wild disregard for a farm owner’s rights, the mining company in this matter used a dirt road on a farm

Property Law Update | Cancelling a lease: The devil is in the detail, every time

Acire Property Holdings (Pty) Ltd v Banzi Trade 31 (Pty) Ltd t/a Brick-It (7889/2021) [2021] ZAGPPHC 542 (25 August 2021) To the naked eye, the following would probably appear to constitute a proper cancellation of a month-to month lease: “

Thought of the Week | The requirements when a foreigner purchases immovable property in South Africa

Our Immigration Act 23 of 2002 prescribes the rules for dealing with foreigners, their residence here, their departure from the country, and related matters. A foreigner, for purposes of the Act, is someone who is not a South African citizen.

Property Law Update | All the frill’s don’t make it a marriage

Botha v Steyn (13326/2014) [2021] ZAKZDHC 23 (2 August 2021) A and B, both South African citizens, got married in a splendid ceremony hosted at a hotel in London, or so A thought. The ceremony could not constitute a valid

Property Law Update | Hard lockdown and commercial tenant-landlord obligations

Freestone Property Investment (Pty) Ltd vs Remake Consultants CC and Another (2020/29927) [2021] ZAGPJHC 150 (25 August 2021) Hard lockdown hit commercial tenants and their landlords without discriminating between the two. The court here was asked to find that a

Cancellation of title conditions imposed in terms of the Advertising on Roads and Ribbon Development Act

The Advertising on Roads and Ribbon Development Act 21 of 1940 (1940 Act) impose certain title conditions that are sometimes encountered in the title deeds for land or abutting on or close to a provincial road, on which a township

Thought of the Week | A Testator’s intention: Is it enough for a valid Will?

The Wills Act 7 of 1953 sets out clear requirements for the drafting of a valid Will, including that it must have a signature or mark of the testator and must be witnessed. However, what happens if the wishes of

From the desk of Annetjie | Buidling regulations pertaining to swimming pool requirements

As a result of the considerable number of children who have drowned in South Africa, several by-laws and building regulations have been enforced to limit these tragic accidents. In terms of the National Building Regulations, every owner of a swimming

Thought of the Week | Fiduciary Rights and immovable property: What you need to know

For many people, drafting their Will is often a somewhat overwhelming experience. It can even become daunting where various challenges must be addressed. Imagine, for example, that you have married for a second time and there are children from one

Thought of the Week | Fidusiêre regte: Wanneer, Hoekom en Hoe?

Vir baie mense is die opstel van hul testament ‘n ietwat oorweldigende ervaring, wat selfs nog meer skrikwekkend word waar verskillende uitdagings die hoof gebied moet word. Stel u voor dis u tweede huwelik, daar is kinders uit die vorige

Property Law Update | No escape from the simple words of the alienation of land act when selling or buying land

Stucky v Brechoost CC and Another (D5105/2020) [2021] ZAKZDHC 26 (18 August 2021) In pursuance of an oral agreement for the sale of land concluded in 2012, the purchaser signed an offer to purchase in 2018 and subsequently sought the

Property Law Update | Courts will hold you to a promise to pay

Jones v Jones (2472/2020) [2021] ZAECPEHC 42 (16 August 2021) The parties in this judgment used to be married. After their divorce in 2002, they kept close ties, Mrs J allowing her ex husband to use money owing to her

Video | Important clauses to include in your lease agreement

Samantha Adams on Radio Helderberg

Video | Instalment Sale Agreement

Gretchen & Pam on Property

Thought of the Week | Conveyancer’s Certificate: Why it is needed and where do I get it?

Before approving plans for the development of a property or for amendment of the use rights associated with a property, a municipality will call for a Conveyancer’s Certificate. The Conveyancer’s Certificate is prepared by a conveyancer, being an admitted attorney

Video | Building Plans and Buying a Property

Llewellyn Stevens on Radio Helderberg 

Thought of the Week | On housing consumers, the NHBRC and building a new home

If you are thinking of building a new home in South Africa, remember that the Housing Consumers Protection Measures Act 95 of 1998 imposes certain requirements to be met to ensure that the Act’s protection measures are available to you

Thought of the Week | Izinto ekufuneka uzazile xa uzakwakha indlu

Ukuba ucinga ngokwakha indlu entsha eMzantsi Afrika, khumbula ukuba uMthetho wemiGaqo yokuKhusela abaThengi beZindlu ka-95 ka-1998 ubeka iimfuno ezithile ekufuneka kuhlangatyezwane nazo ukuze kuqinisekiswe ukuba amanyathelo okhuselo alo Mthetho ayafumaneka kuwe njengomnini (owner). Umthetho uqinisekisa ukuba umnini mhlaba unokhuseleko oluthile

Property Law Update | “Guarantee as required by local authority” really means only that

Tramore Property Group (Pty) Ltd v Vosloorus Square CC (235/2020) [2021] ZASCA 41 (13 April 2021) This judgment teaches a valuable lesson. The seller of land to be developed cancelled the agreement due to the alleged non-compliance by the purchaser

Property Law Update | Sublessee becomes owner of leased land: Where does this leave the lessee’s rights?

Harbour Arch Investment Holdings (Pty) Ltd v Capital Propfund 4 (Pty) Ltd (437/2020) [2021] ZASCA 108 (5 August 2021) An owner cannot be a lessee of his own land and our law holds that a merger of rights occurs in

Video | What are the hidden costs in a property transaction?

Thought of the Week | Homeowner’s or Household insurance: What’s the difference?

Homeowners’ insurance, also sometimes referred to as ‘building insurance’, provides cover in the event of damage to your home’s physical structure. This insurance is in respect of the bricks and mortar, roof, windows and the like of your home. Homeowners’

Property Law Update | Forum shopping in sectional title disputes: Court or CSOS?

Heathrow Property Holdings No 33 CC and Others v Manhattan Place Body Corporate and Others (7235/2017) [2021] ZAWCHC 109 (1 June 2021) The judgment deals with disgruntled sectional title owners who sought to resolve a dispute regarding a management rule

Property Law Update | Purchaser’s spouse gets the bond: Does the sale agreement stand?

Makepeace v San Lameer Villa 3212 CC and Others (52533/2020) [2021] ZAGPJHC 23 (5 March 2021) It is in the nature of a marriage relationship that the spouses’ affairs become intertwined to some extent. Here, the husband successfully bought a

Video | Questions asked when Signing Bonds

Tiaan Esterhuyse on Radio Helderberg

Newsflash | Cape Town Deeds Office (4 August 2021)

In an attempt to address the present examination backlog at the Cape Town Deeds Office, that Office has resolved that, for the interim, it will accept new transaction lodgments only on Mondays, Wednesdays and Fridays. We hope that the arrangement

Video | Voetstoots

Gretchen & Pam on Property

Thought of the Week | Unpacking the Cybercrimes Act 19 of 2020

The Cybercrimes Act 19 of 2020 brings South Africa up to global standards for combating cybercrime. With a global surge in internet-based offences partially driven by the influx of individuals working from home due to the Covid-19 pandemic, the promulgation

Property Law Update | Sectional Schemes: When old and new rules clash

Royal Palm Body Corporate v Vahlati Investments (Pty) Ltd and Another (7214/2020P) [2021] ZAKZPHC 28 (1 June 2021) When the Sectional Title Schemes Management Act came into force in 2016, it changed large parts of the existing Sectional Titles Act.

Property Law Update | Caravan Homes on Agricultural land: Important prerequisites

Leppan N.O and Others v King (2471/2020) [2021] ZAECGHC 67 (20 July 2021) Many people feel a little envious of others’ semi-permanent caravan homes, situated on a far-off piece of farmland away from city life, in respect of which they

Video | Rental repayment and when to start taking legal action

Samantha Adams on Radio Helderberg

Thought of the Week | What is Estate Planning?

A question frequently asked by our clients is: How can I arrange my assets to the best advantage? This question is especially prevalent for our clients who are selling, buying and investing in assets, whether it is immovable property, foreign

From the desk of Annetjie | Constitution 18th Amendment Bill on Expropriation of Land to be published for written public comments

The ANC’s proposals for a revised draft Constitution 18th Amendment Bill were adopted by a majority vote of the National Assembly ad hoc committee. Section 25 of the proposed draft Bill has amended the Constitution of the Republic of South

Property Law Update | Offering alternative housing in hard cases not necessarily enough to get the eviction order

Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021) The judgment highlights many aspects that commonly arise in eviction orders. Specifically of interest here was the court’s finding that although the owner offered alternative secure housing to

Property Law Update | Dispute referral to the Ombud: Essentially there for issues that bear on the community, says the court

Prag N.O and Another v Trustees for the time being of the Mitchell’s Plain Industrial Enterprises Sectional Title Scheme Body Corporate and Others (A260/2020) [2021] ZAWCHC 132 (16 July 2021) This is an interesting judgment following on a claim by

Video | Voetstoots: Is it still in force and who does it protect?

Corlene Mostert on Radio Helderberg

Video | What are Compliance Certificates?

Gretchen & Pam on Property

Thought of the Week | The right to privacy and RICA: Big Brother’s (unrestrained) watch has ended

In February 2021 the Constitutional Court handed down a judgement that made notorious whistle-blower Edward Snowden tweet: “Wow”. Privacy and the protection thereof has become an increasingly hot topic of late, with the spotlight shining brightly on the practices of

Newsflash | Cape Town Deeds Office

Dear Client During this time we are experiencing extreme delays at the Deeds Office due to the adjusted Level 4 restrictions and the Deeds Office now working with one third the number of employees. The status quo will remain until

Video | Incapacity to Act in Property Transactions

Llewellyn Stevens on Radio Helderberg

Thought of the Week | What is the difference between tax avoidance and tax evasion?

There is a general misconception between the terms “tax avoidance” on the one hand and “tax evasion” on the other. The two terms can be confusingly similar but there is an important distinction between these tax terms that can have

Video | Co-Ownership in Property

Thought of the Week | Body corporate trustees and home owners associations: Get informed advice on POPIA

For your body corporate trustees or homeowners association directors. 1 July has come and gone and there has been no invasion by officials from the Information Regulator’s Office knocking down the doors of businesses with the aim of issuing fines

Video | Putting Pen to Paper

Pamela Makhubela on Property Matters

Newsflash | Deeds Office Update

We had 21 working days in the month of June and the Deeds Office was closed for 10 of those days. This has obviously created a massive backlog of deeds that need to be processed. The situation is made worse by

Property Law Update | Transfer and Bond Void: Chilling Thoughts

K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021) As a trader, it is business as usual to sell stock in trade. However, a creditor becomes alarmed if a

Property Law Update | POPIA: Did it happen?

Yes and no. Many businesses labour under an incorrect impression that midnight, 30 June 2021, something would happen to them if they had not already uploaded a library of often unreadable policies onto their websites and sent mails to everyone

The dreaded Department of Agriculture letter for the opening of a township register

One of the final hurdles a township developer in the Gauteng and North-West Provinces must negotiate before the stands in a township become registrable, is the opening of the township register at the Deeds Office in Pretoria in terms of

Thought of the week | My tenant is insolvent: Do I still have time to cancel the lease agreement?

Ellerine Brothers (Pty) Ltd v McCarthy Ltd – 2014 (4) SA 22 (SCA) The global COVID-19 pandemic has had and continues to have far-reaching financial ramifications on many individuals and businesses alike, and this is particularly prevalent in the already frail

Thought of the Week | MY HUURDER GAAN GELIKWIDEER WORD; KAN EK NOG DIE HUURKONTRAK KANSELLEER?

Die wêreldwye COVID-19-pandemie het verreikende finansiële gevolge vir talle individue en ondernemings meegebring, en die reeds verswakte Suid-Afrikaanse ekonomie strek soos droë gras voor ‘n wegholveldbrand. Die effek van ‘n 12-maande lange nasionale ramptoestand, tesame met verskeie verlammende regulasies wat ingevolge

Thought of the Week | XA UMQASHISWA WENDLU OKANYE IVENKILE EZAKUTSHONISWA(LIQUIDATED;INGABA NDINALO IXESHA LOKUCIMA ISIVUMELWANO(LEASE).

Ubhubhane we-COVID-19 wehlabathi ubenayo, kwaye usaqhubekeka ukuba nayo, ufikelela kude ekufumaneni imali kubantu abaninzi nakumashishini ngokufanayo, kwaye oku kuxhaphake kakhulu kuqoqosho lwaseMzantsi Afrika esele lubuthathaka. Iziphumo zokunkqonkqoza zeNqanaba leSizwe leNtlekele leSizwe iinyanga ezili-12, kunye neMigaqo ekhubazekileyo eye yaphunyezwa ngokuhambelana noMthetho

NEWSFLASH | Update on Pretoria Deeds Office

Regrettably, we have to inform you that the Deeds Office closed for the 5th time this month to be decontaminated after a person who tested positive for Covid entered the building yesterday. Prior to the latest closure, the backlog was

VIDEO | Hein Dyssel on Radio Helderberg (POPIA Compliance)

POPIA Compliance

NEWSFLASH | POPIA and the recent notice from the Information Regulator

On the 11th of this month, the Information Regulator issued a notice postponing the coming into effect of parts of section 58 of POPIA. This relates specifically to the process which stipulates that a formal application must be made to

NEWSFLASH | Workplace vaccination policies: Constitutional rights infringement or occupational health and safety requirement?

The updated Consolidated Direction on Occupational Health and Safety Directive issued on 11 June 2021, specifically relevant to the impact of COVID-19 on the workplace states that employers may issue mandatory workplace vaccination policies. The Directive urges employers, when choosing

VIDEO | Gretchen & Pam on Property (Episode 3)

Private sale agreements: Parties involved

VIDEO | Gretchen & Pam on Property (Episode 2)

The dream home

Video | Gretchen & Pam on property (Episode 1)

Private sale agreements

NEWSFLASH | Update on PTA Deeds Office

We have reported earlier in the week that the Pretoria Deeds Office closed abruptly on Monday for the 3rd time this month for decontamination after an individual who tested positive for Covid entered the Deeds Office building. We expected backlogs

NEWSFLASH | Pretoria Deeds Office

Please be advised that the Pretoria Deeds Office has closed again this week due to a staff member testing positive for the Covid-19 virus. We will keep you updated regarding the re-opening. Unfortunately this will again result in a big

Thought of the Week | Jailing or fining trustees: Are those the only options under POPIA?

Week-end news reports seem to imply that trustees in sectional title schemes and homeowners’ associations will all shortly be in jail or face penalties of millions of rands due to draconic ‘changed rules’. This is not accurate. With the full

VIDEO | Tiaan Esterhuyse on Radio Helderberg

Power of Attorney: When will I need it?

VIDEO | Marica Fourie on Radio Helderberg

The Property Practitioners Act 22 of 2019

Thought of the Week | POPIA is here to stay. And immediate action is crucial.

For many businesses, complying with the Protection of Personal Information Act (POPIA) has become that “monster under the bed”, almost paralysing them from implementing the necessary. POPIA is less of a monster than current trends make it out to be.

Newsflash | What is the Financial Linked Individual Subsidy Programme (FLISP)?

The pre-existing and current racial inequality that lower-income earners in South Africa have and still experience has created economic and social hurdles in buying property. This, however, is not to say that there has not been an increase in the

VIDEO | Llewellyn Stevens on Radio Helderberg

Title Deeds – All you need to know about this key to freedom.

Thought of the Week | The importance of a conveyancer’s certificate when submitting a development application

It has become a general requirement that when submitting a development application to a municipality that you submit a Conveyancer’s Certificate. In some municipalities such as the City of Cape Town, the Conveyancer’s Certificate is a standard document submitted in

Privacy rights: Big Brother’s (unrestrained) watch has ended

In February 2021 the Constitutional Court handed down a judgment that made notorious whistle-blower Edward Snowden tweet: “wow”. Privacy and the protection thereof has become an increasingly hot topic of late, with the spotlight shining on the practices of social

Body corporate cannot sit back after sequestrating defaulters

FirstRand Bank Limited v Master of the High Court (Pretoria) and Others (1120/19) [2021] ZASCA 33 (7 April 2021) When an insolvent company or individual’s assets are sold to pay its debts, and it becomes apparent that the value of

Accidents happen, and so does payback

A cycling accident is an overwhelming and traumatic experience and also a frequent occurrence. Cyclists and motor vehicle drivers should respect each other on the road, but the concerns highlighted by Arrive Alive show that this ideal is still far

From the desk of Annetjie | How serious is my POPIA business information officer’s job?

With the countdown to comply with the Protection of Personal Information Act 4 of 2013 (POPIA) entering its last days, business owners have been advised also to ensure that their Information Officers are duly registered with the Information Regulator. The

Straight Talkers Bringing Balance

Second and third dwellings on a property May you run a bed and breakfast or creche from your home, or even decide to build a second or third dwelling on available space on your property? In most instances, the answers

City living and acceptable noise: Tricky, but follow the rules

Van der Merwe and Others v Drenched Boxing (Pty) Ltd and Others (19222/2020) [2021] ZAWCHC 93 (5 May 2021) We have often before reported here on judgments that dealt with the levels of nuisance that property owners should reasonably bear

VIDEO | Hein Dyssel on Radio Helderberg

Why does the seller appoint the conveyancer & who are the role players in the transfer process?

VIDEO | Samantha Adams on Radio Helderberg

Selling property subject to an existing lease agreement & eviction queries  

VIDEO | Daniel Els on Radio Helderberg

CSOS – Community Scheme Ombud Service

POPIA: Have you onboarded?

POPIA: HAVE YOU ONBOARDED? Tuesday, 18 May 2021 The due date to be POPIA compliant is approaching fast. By 30 June, you should be able to convince not only the Information Regulator, but also your clients and service providers, that

Accepting a commitment does not constitute a resolution to contract

Merifon (Pty) Ltd v Greater Letaba Municipality and Another (1112/2019) [2021] ZASCA 50 (22 April 2021) When spending R52 million or R5 on a property, semantics are important, especially where it relates to spending of public funds. As was illustrated

What will go wrong? The importance of a valid will in the 21st century

South Africa’s jurisprudence is littered with cases dealing with the lack of compliance with the Law of Succession, often resulting in wills being declared invalid and thus unenforceable. The legal repercussions of an invalid will are that the testator’s assets

Property Law Update | Issue 11 – 2021

THE SCARE OF DOUBLE SALES: WHO GETS THE PROPERTY? Fulsome Properties (Pty) Ltd v Selepe and Others (14001/2021) [2021] ZAGPPHC 196 (6 April 2021) It occurs more often than one would imagine that a property is sold by its owner

Message from the Department of Human Settlements

Claims of selling RDP houses illegally is a major concern for Government, According to the Housing Amendment Act of 2001, a beneficiary is prohibited from selling an RDP house within eight years of it being handed to them. Read more

Thought of the week | UKUHLANGULWA KWESHISHINI NGOKOMTHETHO WEBHODI

Xa amawakawaka amashishi aseMzantsi Afrika avala iingcango zawo nge-26 Matshi 2020, inyani elusizi kukuba uninzi lwazo alunakuze luvule kwakhona tu. Njengoko iziphumo zoqoqosho zamanyathelo amiselwe ukuthintela ukusasazeka kwe-COVID-19 zivakala kuzozonke iibhodi, iinkampani ezikunkxinzelelo lwezemali ziyanyanzeleka ukuba zivavanye ukhetho lwabo. ISahluko

Thought of the week | Aanvang van Sakeredding by wyse van Direksiebesluit

Duisende Suid-Afrikaanse ondernemings moes op 26 Maart 2020 hul deure toemaak, en die hartseer werklikheid is dat talle van daardie ondernemings nie weer hul aktiwiteite gaan kan hervat nie. Die ekonomiese gevolge van die maatreëls wat ingestel is om die

Thought of the week | Commencement of Business Rescue by Board Resolution

When thousands of South African companies shut their doors on 26 March 2020, the sad reality was that many that would never open again. As the economic effects of the measures imposed to curb the spread of COVID-19 are being

How is the developer aided to comply?

As the leading property law firm in South Africa, STBB’s Property Development Unit combines specialist legal fields to form a single unit for land developers to receive specialist legal assistance in a comprehensive and integrated manner pertaining to each of

NEWSFLASH | CONVEYANCING FEE INCREASE

Amended Conveyancing Fee Guidelines were recently released and will come into effect with respect to instructions received from 1 May 2021 onwards. The new transfer and bond registration fees reflect on our APP calculator, which you can access via your

Property Law Update | Issue 10 – 2021

CONSTITUTIONALLY INVALID AGREEMENT ENFORCABLE BY COURT’S DISCRETION? BW Brightwater Way Props (Pty) Ltd v Eastern Cape Development Corporation (1235/2019) [2021] ZASCA 47 (19 April 2021) What happens when government leases a hotel property to you and then, when you ask

Thought of the Week | ONLINE DIVORCE AND FAMILY LAW A WIN-WIN

Although some divorce matters require extensive professional input and can take years to resolve, this is not the case for all matters. Not all marriages are the same and similarly, not all divorces are the same. The purpose of the online-divorce service is to

Thought of the Week | UMFANEKISO BHANYABHANYA (VIDEO) OGCINA IINKCUKACHA NGOMYOLELO WAKHO: INGABA OKU KUVUMELEKILE EMTHETHWENI?

Akukho mzekelo mthethweni ngokunyaniseka komyolelo yomfanekiso bhanyabhanya (video) eMzantsi Afrika. Ukuze umyolelo usebenze kwaye wamkelwe nguMphathi weNkundla ePhakamileyo kweli lizwe, kufuneka uhambelane neemfuno ezichazwe kumThetho we-Wills ka-1953 kubandakanya, kodwa kungaphelelanga apho, Ityikitywe ngokufanelekileyo ngumnini-mpahla kunye nangamangqina amabini nangaphezulu afanelekileyo ngexesha

Thought of the Week | IS ‘N VIDEO-OPNAME VAN TESTAMENTÊRE BEPALINGS GELDIG?

Daar is geen Suid-Afrikaanse wetsgesag vir die geldigheid van ‘n video-testament nie. Vir ‘n testament om geldig geag en deur die Meester van die Hooggeregshof aanvaar te word, moet dit voldoen aan die vereistes soos uiteengesit in die Wet op

Thought of the Week | Can a video recording operate as a valid will in South Africa?

There is no precedent on the validity of video wills in South Africa. In order for a will to be valid and accepted by the Master of the High Court in this country, it has to comply with the requirements

Ban on alcohol advertising: A justifiable rights infringement?

“In March 2020, the South African government introduced a ban on alcohol sales in order to reduce the pressure on hospitals for admission of people with injuries, trauma and fatalities caused by or arising from alcohol use. This restriction exposed

Why Purchasing in Retirement Schemes is Different

In South Africa there are attractive opportunities for retirees who have the means, to re-settle in schemes that offer a range of facilities. These ‘lifestyle’ or ‘retirement’ schemes typically include a full spectrum of outdoor and indoor facilities, lock-up-and-go security,

Cycle injury claims: Location is key

Imagine you are on your mountain bike on a provincial road on your way home after enjoying time on some favourite routes on a nearby wine farm. Travelling at around 55km p/h downhill on a road with a 100km p/h

Thought of the Week | Register your POPIA information officer within 3 weeks

Last week the Information Regulator published the Guidelines for Information Officers and Deputy Information Officers. These guidelines include instructions on how to register your business’ Protection of Personal Information Act (POPIA) Information Officer with the Information Regulator. Registration starts from 1

Banker’s Law 02 | Banking practice and the law: Expropriation poses significant risk

YOUR INSIDERS REVIEW Here follows our bi-monthly short update on banking practice and the law, providing essential knowledge to busy bankers.   BANKS AND LAND EXPROPRIATION TALKS (approx 3-minutes reading) The banking sector feels at risk. The Banking Association of

Transfer and Bond Costs to show new Deeds Office Fees

Deeds Office fees increase by about 5% from 1 April 2021, as published in the Government Gazette of 1 March 2021. These include increases for the registration of transfers and bonds. The calculators on our App STBBDirect, which is available

Thought of the Week | Can I unilaterally revoke an offer before acceptance?

University of the North v Franks & Others – (2002) 23 ILJ 1252 (LAC) Two of the fundamental elements of the South African Law of Contract is offer and acceptance. In other words, for a legally binding contract to come into existence,

Thought of the Week | KAN EK ‘N AANBOD HERROEP?

Aanbod en aanvaarding is ‘n fundementele element van die Suid-Afrikaanse kontraktereg. Daar moet, met ander woorde, ‘n geldige aanbod en ‘n geldige aanvaarding van daardie aanbod wees voordat ‘n afdwingbare kontrak in die lewe geroep is. Dit gebeur dikwels dat

Thought of the Week | INGABA NDIYAKWAZI NA UKURHOXISA ISIVUMELWANO SENTENGISELWANO?

Isiseko somthetho wesivumelwano waseMzantsi Afrika uthetha ngokunikezela nokwamkela ngaxesha nye. Ngamanye amagama, kuthetha ukuthi isivumelwano esisemthethweni nesinyanzelayo kufuneka ukuba kubekhona ukunikezela nokwamkela okusemthethweni, khona ukuze siqwalaselwe Iyenzeka ngamanye amaxesha xa umntu esenza isithembiso sentengo kumthengisi, umthengisi uzakubeka ixesha apho isivumelwano siphelelwa

Can I unilaterally revoke an offer before acceptance?

University of the North v Franks & Others – (2002) 23 ILJ 1252 (LAC) Introduction Two of the fundamental elements of the South African Law of Contract is offer and acceptance. In other words, for a legally binding contract

Property Law Update | Issue 09 – 2021

SELLING THAT WHICH YOU DO NOT YET HAVE Tomlinson and Another v Tomlinson N.O and Others (11764/2015) [2021] ZAKZDHC 8 (19 March 2021) If A sells B’s property to C, the resultant legal position is that A is obliged to

From the desk of David Thompson | Knock Knock: Rectify incorrect door numbering in Cape Town sectional title schemes

When a new sectional title scheme is created in Cape Town, the developer of such sectional title scheme must, amongst other things, lodge the proposed Sectional Title Plan with the Cape Town Registrar of Deeds after approval thereof by the

Affirmative action : only a shield? Or also a sword? Harmse v City of Cape Town (2003) 24 ILJ 1130 and Dudley v City of Cape Town (2004) 25 ILJ 305 (LC) : case

Abstract The Employment Equity Act 55 of 1998 (hereinafter “the EEA”) which gives more detailed content to the right of equality enshrined in section 9 of the Constitution of South Africa, compels employers to promote equality in the workplace by

Thought of the Week | YOUR BUSINESS AND POPIA: 1 JULY IS NEAR

The one-year grace period given to South African organisations to comply with the Protection of Personal Information Act (POPIA) will not be extended, advocate Tlakula, chairperson of the Information Regulator, confirmed last week. This means businesses must ensure that they

Blog | WHEN YOU CAN’T BEAT THEM, DO YOU JOIN THEM?

Human rights can seem like an abstract subject, but the reality is that these rights are relevant to all of us and impact each one of us daily. South Africans directly feel the wear and tear that result from the unrelenting

Property Law Update | Issue 08 – 2021

EAAB TAKEN TO TASK TO ISSUE FFCs ON TIME Real Estate Business Owners of South Africa NPC and Others v Estate Agency Affairs Board and Another (3968/2021) [2021] ZAGPJHC (15 March 2021) Persistent hitches at the Estate Agency Affairs Board

Video | Belinda Lewis on FMR Talking Point

Video | STBB The Conversation

Property Law Update | Issue 07 – 2021

INAPPROPRIATE ASSISTANCE TO DRAFT CLIENT’S WILL Ditmar and Others v Lotter NO and Others (5296 / 2020) [2021] ZAWCHC 41 (5 March 2021) Bequeathing assets to heirs is a very emotional and important act for any individual. If the testator

Three ways to obtain surveyor general diagrams & plans

Access at your fingertips Developers, planners, architects and conveyancers each look at Surveyor General plans and diagrams with excitement, as these portray so much detail and hold the seed of potential development. How to access the plans with ease? Developers,

Conservation: Rates exclusion provision benefits owners

Formal declaration of a conservation area A Tsitsikamma property owner no longer has to pay rates, thanks to the implementation of a little-known rates exclusion provision which is designed to promote conservation. In the news recently was the story of

Municipality loses battle over developer’s R48M housing development claim

And 10 years later, interest keeps running The Mhlontlo Municipality recently lost a vital case in its fight against a R48m damages claim by TDH Tsolo Junction. The latter sought to develop a large housing project at Tsolo Junction just

Objecting to a Development: The importance of public participation

Earlier this year, two property development companies issued summons for almost R200m against an environmental lobby group and its chairperson, claiming compensation for delays in a large Johannesburg project. The developers, Century Property Developments and Riversands Developments, claimed that the

Thought of the Week | AS BUITELANDSE TRUST EIENDOM IN SA KOOP OF VERKOOP

Indien iemand as trustee vir ‘n buitelandse trust aangestel word, hetsy die aanstelling in Suid-Afrika of buite ons grense geskied, word daar sekere vereistes deur ons wet ingestel voordat die trustee namens die buitelandse trust mag eiendom koop of verkoop. Die

Thought of the Week | WHEN A FOREIGN TRUST BUYS OR SELLS PROPERTY IN SA

Our law requires that when someone has been appointed as a trustee for a foreign trust, whether that appointment was made in South Africa or outside our borders, certain requirements must be met before that trustee may buy or sell

Thought of the Week | Hayi! Enye imbalelwano nge POPI?

Sihlala sidibana nabanini bamashishini abathi, xa bethathela ingqalelo uxanduva lwabo lokuthotyelwa, basabele kwimeko yentiyo yothando. Kwelinye icala, kukho impendulo elungileyo apho ukuthotyelwa kusetyenziswe ngendlela eyakhayo kwishishini lakho lemihla ngemihla iinkqubo zokusebenza kunye nolawulo. Kwelinye icala, ibonakala inqabile apho ithiwe thaca

The importance of a conveyancer’s certificate to establish a township

The process to establish a township is in essence the conversion of raw land into a proclaimed township with streets, stands and parks as depicted on a General Plan, with conditions of establishment in the proclamation notice controlling the use

Thought of the week | NIE NOG ‘n POPI E-POS NIE

Wanneer ons sake-eienaars op hul nakomings-verantwoordelikhede adviseer, kry ons merklik verskillende reaksies. Aan die een kant, wanneer kliente hul nakomingsvereistes konstruktief toepas in die dag-tot-dag-bestuursprosedures van hul besigheid, is die reaksie gewoonlik positief. Aan die ander kant lyk dit oor

Thought of the Week | NOT ANOTHER POPI EMAIL: HOW WILL POPIA COMPLIANCE AFFECT YOUR BUSINESS?

We regularly consult with business owners who, when considering their POPIA compliance responsibilities, react thereto in love-hate terms. On the one hand, there is a positive response where compliance is constructively applied to the business’ own day-to-day running procedures and

Property Law Update | Issue 06 – 2021

COMPANY DEREGISTERED: WHO GETS THE OWNERLESS PROPERTY? Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020) [2021] ZAFSHC 34 (19 February 2021) Deregistration of companies failing to comply with statutory requirements has become the order of the day, and

Newsflash | 2021 BEGROTINGSNUUS

Vroeër vanmiddag het die Minister van Finansies, mnr Tito Mboweni, die begroting van die Nasionale Tesourie vir 2021/2022 gelewer. Die volgende wysigings is opmerklik: Kapitaalwinsbelasting effektiewe koerse bly onveranderd: Individue en spesiale trusts – 18%; Maatskappye – 22,4%; en Ander

Newsflash | 2021 BUDGET NEWS

Earlier this afternoon the Minister of Finance, Mr Tito Mboweni, delivered the National Treasury’s budget for 2021/2022. The following stands out: Capital Gains Tax effective rates remain unchanged: Individuals and special trusts – 18% Companies – 22.4% Other trusts –

Newsflash | NEW HOMEOWNERS AWAITING MUNICIPAL RATES ACCOUNTS

We have been advised that the City of Cape Town is experiencing a backlog with the process of creating rates accounts for new property owners, which follows after it has received notification of registration of transfer. Significant progress is being

Thought of the week | Gevolge van saam-woon verhoudings

Terwyl baie jong volwassenes nogsteeds verkies om geloftes uit te ruil en ‘n huwelik te sluit, kies al hoe meer paartjies minder tradisionele vorme van toewyding en kies hulle bloot om saam te leef. Die term saamwoon (“cohabitation” in Engels)

Thought of the week | The legal consequences upon the dissolution of a cohabitation relationship

While many young adults prefer the sanctity of exchanging vows and entering into a marriage, more and more couples opt for less traditional forms of commitment and choose simply to live together – or, to cohabit. In this post, we

From the desk of Annetjie | Stellenbosch’s green cherry on the cake: Municipality opts for renewable energy amid loadshedding

We have all become accustomed to load shedding, but recent changes to the Electricity Regulation Act have opened the door for local authorities to become self-sufficient in the production of renewable energy. In short, we might become (much) less dependent

Under 21? The Liquor Act might be amended for tighter alcohol regulations

It has been almost a year since South Africa entered lockdown and the associated restrictions triggered by the unprecedented Covid-19 pandemic. One major restriction was the ban on the sale of alcohol and tobacco products. Although the restrictions have been

Property Law Update | Issue 05 – 2021

THE TRUSTEES ARE NOT DOING THEIR JOB Haitas v Froneman and Others (1158/2019) [2021] ZASCA 1 (6 February 2021) Our courts are often called upon to adjudicate in matters relating to a trust’s management. The present judgment is another, dealing

Thought of the Week | Opknappings, aanbouings en uitbreidings aan u huis

Wat gebeur nadat u bouplanne goedgekeur is? Sodra die bouplanne deur u plaaslike munisipaliteit goedgekeur is, en u die opknappings, aanbouings, toevoegings of uitbreidings aan u huis voltooi het in ooreenstemming met die planne binne die verlangde tydsraamwerk, is dit

Thought of the Week | Ukulungiswa, ukutshintshwa, ukongezwa kunye nokwandiswa ekhayeni lakho

Kwenzeka ntoni emva kokuba izicwangciso zakho zokwakha zamkelwe? Nje ukuba izicwangciso zokwakha zivunywe ngumasipala wakho kwaye ugqibile ukulungisa, ukutshintsha, ukongezwa okanye ukwandiswa kwekhaya lakho ngokungqinelana nezo zicwangciso ngexesha elifunekayo, kunyanzelekile ukuba wena, okanye umphathi weprojekthi yakho, ninxibelelane ngokubhaliweyo nomasipala, ukuze

Thought of the Week | Renovating your home? A Certificate of Occupancy is crucial

What is required after your building plans were approved? Once your local municipality has approved the building plans and you have completed the renovation, alteration, addition or extension to your home in accordance with such building plans in the required

Property Professional – Expropriation: A step-by-step overview

Land reform discussions in South Africa are in 99% of instances either controversial, political or highly emotional – understandably as our discriminatory past is recalled and the present political mayhem is acknowledged. Increasingly more so, where the word “expropriation” enters

Property Law Update | Issue 04 – 2021

THREE SHADES OF SPOLIATION Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021) Spoliation is sometimes perceived as an odd remedy: how can the fact of possession of, for

Thought of the Week | NUWE MINIMUM LOON

Die Minister van Arbeid, Thulas Nxesi, het gister, 8 Februarie 2021, die nuwe minimum loon vir Suid-Afrikaanse werknemers bespreek. Met ingang van 1 Maart 2021 sal die nasionale minimum loon R21,69 per gewone werksuur beloop. Die nasionale minimum loon is betaalbaar vir

Thought of the Week | UMVUZO OMNTSHA

Izolo, umhla we-8 kweyoMdumba ngo-2021, uMphathiswa wezabasebenzi uThulas Nxesi ubhengeze umvuzo omtsha yabasevenzi eMzantsi Afrika. Owona mvuzo mncinci wesizwe uya kuba yi-R21.69 ngeyure nganye yesiqhelo, ukusukela nge-1 Matshi 2021. Owona mvuzo mncinci wesizwe yimali ehlawulwa ngeyure eziqhelekileyo zomsebenzi kwaye ayibandakanyi

Thought of the Week | NEW NATIONAL MINIMUM WAGE FOR SOUTH AFRICAN WORKERS

Yesterday, 8 February 2021, Labour Minister, Thulas Nxesi, gazetted the new minimum wage for South African workers. With effect from 1 March 2021, the national minimum wage will be R21.69 for each ordinary hour. The national minimum wage, set by

Getting married? What to consider when entering into an antenuptial agreement

An antenuptial contract or antenuptial agreement is an agreement signed before the marriage by parties who intend to marry each other out of community of property. In other words, each person wishes to retain ownership of their own assets as

Thoughts on Township establishment

FORMALISING A TOWNSHIP: WHAT IF THE TRANSFER OF LAND GOES WRONG AT THE DEEDS OFFICE?   The challenge to get a township formalized. The process to convert a piece of land into stands, parks and streets as depicted on a

From the desk of Annetjie | FREQUENTLY ASKED QUESTIONS BY MEMBERS OF COMMUNITY SCHEMES

In the course of 2020, the Community Schemes Ombud published answers to 43 frequently asked questions that have bearing on homeowners’ associations and body corporates. The questions range from general questions to specific questions relating to registration of community schemes,

Thought of the Week | Utyikityo lodluliso maxwebhu phesheya

Kuyinto eqhelekileyo, ikakhulu kutshanje kwizithintelo zokuhamba hamba, abaThengisi bazifumana bephesheya kweLwandle ngexesha yeNkqubo yokuhanjiswa kweproprati. Nangona kungabakho amaGingxi-gingxi, oku akuzuthintela abathengisi ekutyikityeni amaxwebhu okuDlulisa. Amaxwebhu okuDlulisa atyikitywe ngaphandle kwemida yoMzantsi Afrika aneMimiselo engqongqo ekufuneka ilandelwe ukuze kuQinisekiswe ukuba amaxwebhu atyikityiweyo

Thought of the Week | MAAK DIT SAAK DAT U EIENDOMSVERKOOPSDOKUMENTE IN ‘N ANDER LAND ONDERTEKEN?

Dit is dikwels die geval, en meer nog met die onlangse reisbeperkings, dat verkopers en kopers oorsee is tydens die proses waarin ‘n eiendom verkoop word. Dit kortwiek egter nie die partye om ‘n geldige en bindende koopooreenkoms aan te

Thought of the Week | DOES IT MATTER IF YOU SIGN PROPERTY SALE DOCUMENTS IN ANOTHER COUNTRY?

It is often the case, and even more so with the recent travel restrictions, that sellers and purchasers find themselves overseas during the process that a property is sold. This will not hinder the parties to enter into a valid

Banker’s Law 01 | 2021

YOUR INSIDERS REVIEW Here follows our bi-monthly short update on banking practice and the law, providing essential knowledge to busy bankers.   ASKING SOMEONE TO SIGN A SURETY (approx 2-minutes reading) One thing that litigants and conveyancers are often faced

Property Law Update | Issue 03 – 2021

THE CPA & THE LANDLORD’S RIGHT TO CANCEL A SUBSEQUENT MONTH-TO-MONTH AGREEMENT   Magic Vending (Pty) Ltd v Tambwe and Others (19432/2019) [2020] ZAWCHC 175 (7 December 2020) The Consumer Protection Act brought about much change in residential lease practice

Converting a share block company in Cape Town into a section title scheme – what are the requirements?

Although registering a new development as a share block scheme in Cape Town is nowadays not a frequent option chosen by property developers, there exists a number of complexes that are based on a share block system of participation in

Thought of the Week | VARYING A CHILD- OR SPOUSAL MAINTENANCE ORDER

If your circumstances have changed to the extent that you can no longer afford your monthly maintenance contributions, or the maintenance that you are receiving is no longer sufficient you can apply for a review of the existing Maintenance Order.

ARE THE LEGAL PRACTICE COUNCIL’S NEW RULES TOO STRICT?

On the 9th of December 2020, the Legal Practice Council (“LPC”), signed and gave notice that the Rules pertaining to Practical Vocational Contracts (“PVT”), made under sections 95(1), 95(3) and 109(2) of the Legal Practice Act, have changed. (The contracts

Property Law Update | Issue 02 – 2021

BUILDING PLANS ARE MORE THAN JUST PAPERWORK   Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019) [2020] ZAWCHC 181 (15 December 2020) In this matter, a homeowner not only deviated from its

Thought of the Week | HOW TO GET DIVORCED ON A BUDGET

When you and your spouse have already agreed on the terms of your divorce, including spousal and/or child maintenance where applicable, there is no need to break the bank in order to finalise the divorce. We have created an online

Thought of the Week | BEKOSTIGBARE EGSKEIDING

As u en u eggenoot reeds ooreenstem oor die voorwaardes van u egskeiding, hoef die finalisering daarvan nie die bank te breek nie. STBB het ‘n aanlyn-egskeidingsplatform geskep wat voorsiening maak vir hierdie situasie. Die platform maak dit moontlik vir kliënte

Property Law Update | Issue 01 – 2021

TENANT’S ‘RIGHT TO BUY’ PORTION OF A FARM TRUMPED WHEN THE WHOLE FARM IS SOLD? Platterkloof RMS Broedery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd and Another (7836/2020) [2021] ZAWCHC 1 (4 January 2021) In this case a lessee

The conveyancer’s options when the Deeds Office rejects deeds for the wrong reason: Part 2

What remedies has a conveyancer when an examiner at the Deeds Office rejects a deed for the wrong reasons? The first part of this article appeared in the September issue of SA Affordable Housing, including points 1-3. They must be

Thought of the Week | ONLINE DIVORCE AND FAMILY LAW A WIN-WIN

Although some divorce matters require extensive professional input and can take years to resolve, this is not the case for all matters. Not all marriages are the same and similarly, not all divorces are the same. The purpose of the online-divorce service is to

STBB Property Investors Club Newsletter | Issue 01 – 2020 | Article 01

INVESTORS’ CLUB: WHICH SOUTH AFRICAN INVESTORS ARE SURFING THE WAVE? The interest rate is at its lowest since 1988, the year Rhodes University in Grahamstown established South Africa’s first e-mail link to the internet and Nelson Mandela was moved to

STBB Property Investors Club Newsletter | Issue 01 – 2020 | Article 02

ARE THE DEEDS OFFICES SEEING INCREASED REGISTRATION ACTIVITY? Although property figures for the third quarter of this year have not yet been made available, the year-on-year comparisons for South Africa’s registered transfers for the period 24 March to 21 July

STBB Property Investors Club Newsletter | Issue 01 – 2020 | Article 03

DO YOU QUALIFY FOR INCOME TAX DEDUCTIONS IN RESPECT OF YOUR HOME OFFICE? COVID Stay at Home Work & SARS In terms of the Income Tax Act, generally, only independent contractors and commission-earners have a claim against SARS for expenses

STBB Property Investors Club Newsletter | Issue 01 – 2020 | Article 04

ARE YOU CONSIDERING INVESTING IN A REAL ESTATE INVESTMENT TRUST AS AN ALTERNATIVE? Many publications list the most advantageous ways to invest in real estate. The option of investing in a real estate investment trust (REIT) is among them. What

Thought of the Week | YINTONI IBANGO LOKWENZAKALA NGOKWAKHO?

Ibango lokonzakala buqu libango lomonakalo athe umntu wabanawo ngenxa yokwenzakala okwenzeke kwingozi okanye ngenxa yokusweleka komondli kwingozi. Njengomthetho, ingozi kufuneka ukuba ibangelwe kukungakhathali komnye umntu. Elona bango liqhelekileyo lokonzakala komntu kukwenzakala komntu ngenxa yokwenzakala okwenzekileyo kwingozi yemoto okanye apho kufunyanwa

Thought of the Week | WAT IS ‘N PERSOONLIKE BESERINGSEIS?

‘n Persoonlike beseringseis word ingestel vir die vergoeding van skade wat deur ‘n persoon gely word as gevolg van beserings wat opgedoen is in ‘n ongeluk of as gevolg van die afsterwe van ‘n broodwinner in ‘n ongeluk. As ‘n

Thought of the Week | WHAT IS A PERSONAL INJURY CLAIM?

A personal injury claim is a claim for damages that a person has suffered as a result of injuries sustained in an accident or as a result of the death of a breadwinner in an accident. As a rule, the

Thought of the Week | HOW TO APPROACH PERSONAL INJURY CLAIMS

If you suffer an injury which was caused by someone not acting in the way that one may reasonably expect of others, then it is likely that our law will allow a claim for damages resulting from the injury because

Thought of the Week | EIS VIR PERSOONLIKE BESERING

As u ‘n besering opdoen wat veroorsaak is deur iemand wat nie optree soos wat iemand redelikerwys van ander kan verwag nie, is dit waarskynlik dat ons wetgewing ‘n eis vir skadevergoeding as gevolg van die ander se nalatigheid sal

Thought of the Week | IZIPHUMO EZINTATHU ZOMTHETHO ZEENGOZI ZEENQWELO-MAFUTHA

Iingozi zeemoto zihlala zivelisa iinkqubo ezintathu zomthetho: 1. Ityala lolwaphulo-mthetho apho uMbuso uza kutshutshisa umoni okanye umtyholwa; 2. Ibango loluntu lomonakalo okhoyo kwizithuthi nakwiziqulatho okanye kumthwalo wazo (oqhele ukusetyenzwa yinshurensi yakho); kwaye 3. Ibango elisemthethweni nxamnye neNgxowa-mali yeeNgozi zeNdlela ngomonakalo

Thought of the Week | DRIE REGSGEVOLGE VAN ‘N MOTORONGELUK

Daar is tipies drie regsprosesse wat ter sprake word na aanleiding van ‘n motorongeluk: 1. ‘n Strafregtelike saak waarin die Staat die oortreder of beskuldigde sal vervolg (of nie); 2. ‘n Siviele eis teen die oortreder vir vergoeding vir skade

Thought of the Week | THREE LEGAL CONSEQUENCES OF MOTOR VEHICLE ACCIDENTS

Motor vehicle accidents usually give rise to three legal processes: A criminal case where the State will prosecute the wrongdoer or accused; A civil claim for the material damages to the vehicles and its contents or load (usually dealt with

THREE BUSINESS BENEFITS OF POPI COMPLIANCE

The Protection of Personal Information Act, 2013 (POPI) which will become operational from July 2021. Many businesses and organisations are often heard complaining that POPI is ”just red tape” and something their “IT” can address “later”. As our series of

Thought of the Week | COMPLYING WITH POPIA IS MORE THAN JUST RED TAPE

It is a chance to gain trust. As a business owner, whenever you obtain personal information from clients, employees and your service providers, there exists implied trust in your business that such personal information will be used for proper purposes

Thought of the Week | POPIA NET MEER ROMPSLOMP? NEE!

Dit is ‘n kans om klante se vertroue te wen. Wanneer u as besigheidseienaar persoonlike inligting van kliënte, werknemers en u diensverskaffers aanvra en ontvang, is daar ‘n element van vertroue in u besigheid. Hulle vertrou dat die inligting vir

Thought of the Week | IPOPIA NGABA NGUMMISELO OQINGQWA? HAYI!

Lithuba lokuzama ukufumana ukuthembakala kweshishini. Nanini na xa wena, njengomnini weshishini, ucela kwaye ufumana ulwazi kubaxhasi bakho, abasebenzi kunye nababoneleli ngeenkonzo zakho, kukho into ethembekileyo kwishishini lakho. Banethemba lokuba ulwazi luya kusetyenziselwa iinjongo ekujoliswe kuzo, ezichanekileyo kwaye ukuba ishishini lakho

Newsflash | CITY OF TSHWANE ADDRESSING RATES CLEARANCE BACKLOG

We wish to announce that the City of Tshwane issued a media statement this week acknowledging the crisis regarding the backlog in issuing rates clearance certificates. More than 4000 applications are delayed beyond 30 days. This causes substantial delays in

Property Law Update | Issue 24 – 2020

CAN A MORTGAGE BOND EMBODY A SALE? Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020) In this matter, the court was asked to declare that a mortgage bond document, in addition to constituting the

Thought of the Week | EEN-GROOTTE-PAS-ALMAL NIE GEPAS POPIA

Dit is waarskynlik dat u as Suid-Afrikaanse besigheidseienaar oorweldig word met uitnodigings om van aanlyn dienste en gereedskap wat beloof om u pad na POPIA-nakoming te vergemaklik en te vereenvoudig, gebruik te maak. Dié dienste wissel van aanlyn self-assesserings tot

Thought of the Week | KUTHENI ISISOMBULULO SENTO YONKE SINGAYIFANELANGA IPOPIA?

Njengomnini weshishini, kusenokwenzeka ukuba ufumana isabelo sakho esifanelekileyo sezimemo zokusebenzisa iinkonzo zezixhobo ezikwi-Intanethi ukuququzelela nokwenza lula indlela yakho ekuthobeleni iPOPIA. Isusela kuvavanyo olwenziwa kwi-Intanethi ukuya kwimigaqo-nkqubo ezenzekelayo. Ngelixa uninzi lweminikelo enjalo inamalungu axabiseke ngeyonandlela, kwangaxeshanye kukwafana nokulungelelanisa ikamva lakho kunye

Thought of the Week | DEBUNKING THE ONE-SIZE-FITS-ALL APPROACH TO COMPLYING WITH POPIA

As a business owner, it is likely that you are receiving your fair share of invitations to utilise services of quick-fix tools to facilitate and simplify your path to comply with POPIA (Protection of Personal Information Act 4 of 2013).

ENSURING COMPLIANCE WITH POPIA IS NOT AN IT RESPONSIBILITY

As if is not challenging enough that your business must deal with the Protection of Personal Information Act (POPIA) in the year of COVID-19, now enters IT specialists who advise you on compliance, know of things such as spear phishing

Property Law Update | Issue 23 – 2020

WARNING BELLS FOR BUILDING CONSTRUCTION, BUILDERS AND THEIR CLIENTS Rabe Bouers CC v Chaya (2328/2015) [2020] ZALMPPHC 83 (30 October 2020) The Housing Consumers Protection Measures Act has a double-edged sword. If the home builder is not registered with the

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 1)

INCLUSIONARY HOUSING POLICIES: DOES THE SWORD CUT TWO WAYS? The purpose of an inclusionary housing programme is to increase the number of units built for low-income purchasers and to achieve the integration of socio-economic classes, simultaneously. No easy feat. In

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 2)

WHO LOGS IN ON THE GREEN BOND “TINDER” PLATFORM? Green bonds have historically been issued by multilateral lenders such as the World Bank, the African Development Bank and the European Investment Bank. Increasingly, large corporates have joined in to increase

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 3)

RECENT DRAFT AMENDMENTS TO THE SECTIONAL TITLES ACT: SOME FLEXIBILITY FOR DEVELOPERS In September this year, suggested amendments to the Sectional Titles Act (‘STA’) were gazetted. Some of these affect developers directly and should provide more flexibility to amend sectional title

Thought of the week | STEP UP IT SECURITY TO COMPLY WITH POPI

We regularly find, at an initial consultation in respect of POPIA compliance, that clients are sceptical when we advise them that there is a lot of work to be done. The observation is often that, because their IT systems are continuously

Thought of the Week | LAAT POPIA-NAKOMING SOMMER IN DIE HANDE VAN U IT-BESTUUR

Ons vind gereeld, tydens ‘n eerste konsultasie oor die nakoming van POPIA, dat kliënte skepties is as ons hulle inlig dat POPIA baie werk vereis. Die gevoel is dikwels dat POPIA aan voldoen is, omdat hul IT-stelsels deurlopend opgedateer en

BUSINESS AND POPI: AVOIDING THE ELEPHANT IN THE ROOM

In our Compliance Unit at STBB, I resist alarmist communication to business owners regarding their POPI or POPIA (the Protection of Personal Information Act) compliance obligations. It is indeed the large proverbial elephant that must be served and digested before

Thought of the Week | COMPLYING WITH POPIA IS A BIG BUSINESS WORRY ONLY

We regularly consult with business owners who, when considering their compliance responsibilities, react thereto in love-hate terms. On the one hand, there is a positive response where compliance is constructively applied to the business’ own day-to-day running procedures and management.

Thought of the Week | NGAMASHISHINI AMAKHULU ANGAKHATHAZEKA NGOMTHETHO WE POPI

Siqhelile ukuxhakamshelana nabanini bamashishini abaqwalasela uxanduva lokuthotyelwa kwemiqathango, babe nenkathalo nokunyamezela . Kwelinye icala, kunempendulo efanelekileyo apho kuthathwe inxaxheba ngokuqhutywa kweshishini zonke insuku. Kwelinye ixesha, kufumaneka kungekho mnandi xa kunonyanzelo lokoyiswa ngesohlwayo esikhutshwa ngurhulumente xa ungathobeli lemiqhathangango. Ngokuqinisekileyo, ukuhambisana nemitheto

Property Law Update | Issue 22 – 2020

BAD VIBES NOT GROUND FOR THE REMOVAL OF CO-TRUSTEES Fletcher v McNair (1350/2019) [2020] ZASCA 135 (23 October 2020) The clients of property practitioners are often trusts and their trustees flight many a question in the course of the business

Video | STBB POPI Simplified

Unpacking the Housing Act and state subsidies

The Housing Act prevents the voluntarily sale and transfer of a FLISP subsidy house within eight years from date of acquisition. THE RIGHT TO ADEQUATE HOUSING In terms of section 26 of the Constitution of the Republic of South Africa

The conveyancer’s options when the Deeds Office rejects deeds for the wrong reason: Part 1

Whatever the public may have to say about civil servants, having worked as a junior and senior examiner in the Pretoria Deeds Office from the middle 1980s for four years, I can vouch for the fact that the Deeds Office

Thought of the Week | COHABITATION OF UNMARRIED PARTNERS: WE’VE GOT YOUR BACK

Living together (also known as cohabitation) as husband and wife without concluding a civil marriage, whether as a conscious or unconscious choice, occurs in the vast majority of instances without appreciating the consequences. Take, for example, the facts in Bwanya

Thought of the Week | BANTU ABANGATSHATANGA, QAPHELANI

Ukuhlala kunye njengendoda nomfazi ngaphandle komtshato waseburhulumenteni, nokuba niyenza ninolwazi okanye ningenalo, oku kwenzeka kwiimeko ezininzi ngaphandle kokucingisisa ngeziphumo. Umzekelo, ingxubaxaka ebikuBwanya v Master weNkundla ePhakamileyo, eKapa nakwabanye kwisigwebo esadluliselwa nge-1 ka-Okthobha ka-2020. UB no-R badibana ngo-2014 kwaye kungekudala emva

Thought of the Week | ONGETROUDE PAARTJIES: ONS STAAN AGTER JOU

Om saam te woon sonder om ‘n huwelik te sluit, hetsy dit ‘n doelbewuste keuse is of nie, gebeur al te dikwels sonder dat die paartjie die regsgevolge daarvan begryp. Ter illustrasie van die gevolge kyk ons na die feite

Video | 5 Pitfalls when completing a sale agreement

Video | 5 Ways for agents to provide better service

Video | 5 Ways agencies can become better top performers

Video | 5 Skills an agent needs to be successful

Video | 5 Reasons for transfer delays

Video | Expresso Morning Show – STBB talks property

Article published | Land expropriation – friend or foe?

Earlier this month, Cabinet approved the Expropriation Bill and sent it to Parliament for adoption. This prompted a revived deluge of negative press, fears of government-approved land grabs and visions of a fast forward to Zimbabwe-style land losses. No such

Video | What first time property buyers need to consider

Video | Deceased Estate Administration

Video | Expresso Morning Show – deceased estates

Video | Expresso Morning Show – co-ownership of property

Property Law Update | Issue 21 – 2020

THREE TRUSTEES, A MAJORITY VOTE AND A PROPERTY SALE AGREEMENT DISPUTE Henque 1273 CC v Du Plessis and Others (2119/2020) [2020] ZAFSHC 160 (7 September 2020) The judgment deals with disputes that arose when a Trust purported to cancel one

Thought of the Week | MAINTENANCE MATTERS: PREPARING AND ENFORCING A CHILD MAINTENANCE ORDER

STBB’s Family Law Department can assist parents with child maintenance advice and completing the following maintenance applications: The preparation and completion of the necessary documents: for an application to enforce an existing maintenance order, including a divorce order; to bring

Thought of the Week | PLAASVERVANGENDE AANSPREEKLIKHEID

Kan ‘n werknemer aanspreeklik gehou word vir die diefstal van ‘n klant se goedere deur een van sy werknemers? Kragtens die gemenereg, kan ‘n werkgewer aanspreeklik gehou word vir skade wat deur sy werknemer aangerig word, vir sover die onregmatige

Video | STBB Wills Webinar

Thought of the Week | VICARIOUS LIABILITY

Can an employer be held liable for the theft of a client’s goods by one of its employees? In terms of the common law, an employer can be held vicariously liable for damages caused by its employee in so far

Property Law Update – Issue 20 – 2020

FRAMING THE BODY CORPORATE’S CLAIM AGAINST THE DEVELOPER FOR BUILDING NEGLIGENCE Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord (635/2019) [2020] ZASCA 107 (21 September 2020) It is perhaps surprising that something so simple

Thought of the Week | LESS KNOWN POTENTIAL LIABILITIES FOR GRANDPARENTS

Grandparents’ duty to maintain a grandchild and the obligation by their deceased estate to pay maintenance In the judgment of Phillipa Susan van Zyl N.O. v Keith Getz N.O. (6 July 2020) the Supreme Court of Appeal recently reaffirmed the

Bemaking aan ‘n persoon wat binne gemeenskap van goed getroud is

‘n Bemaking in u testament aan ‘n begunstigde wat binne gemeenskap van goedere getroud is Indien u in u testament ‘n bemaking stipuleer aan ‘n begunstigde wie binne gemeenskap van goedere getroud is, sal die erfenis deel uitmaak van die

Thought of the Week | BEQUESTS TO PERSONS MARRIED IN COMMUNITY OF PROPERTY

Making a bequest in your will to a beneficiary who is married in community of property. If you make a bequest to a beneficiary in your will, the inheritance will fall into the joint estate of the beneficiary and his

POINTS RELATING TO YOUR WILL TO CONSIDER WHEN YOUR MARRIAGE IS TERMINATED BY DIVORCE

If your will which you signed while you were married makes provision for a bequest to your spouse and your marriage is subsequently terminated by divorce, then the Wills Act ( the law in South Africa governing the requirements for

Video | STBB Estate Duty

Property Law Update | Issue 19 – 2020

TRUSTEE PROFITING FROM SALE OF TRUST ASSETS: THINK TWICE Breetzke and Others NNO v Alexander NO and Others (232/2019) [2020] ZASCA 97 (2 September 2020) This judgment is about a trustee who manoeuvred the planned sale of the trust’s property

Thought of the Week | ARE VIDEO WILLS VALID IN SOUTH AFRICA?

There is no precedent on the validity of video wills in South Africa. In order for a will to be valid and accepted by the Master of the High Court in this country, it has to comply with the requirements

Sale agreements and suspensive conditions – when is an agreement actually deemed binding?

Sale agreements and suspensive conditions – when is an agreement actually deemed binding? As an estate agent there is no better scenario than being able to bring an unconditional cash offer at full asking price to your seller. However, this

Blog | YOUR WILL AND USUFRUCTS

Although there are other situations in which usufructs can feature, this discussion will centre only on testamentary usufructs, i.e. those created in wills, in particular the classic example being that where a testator wishes to bequeath ownership in property to

Video | STBB Estate Planning Costs

Video | STBB POPI Session 1

Video | STBB POPI Session 2

Video | STBB POPI Session 3

Video | STBB POPI Session 4

Video | STBB POPI Session 5

Video | STBB POPI Session 6

Thought of the Week | ONE WORLDWIDE WILL OR SEPARATE WILLS?

1. Is it a problem if I only have one will in respect of my worldwide assets? No, as long as the will meets the legal formalities required by the country in which it was signed it will cover the

Article published | POPI Act and cold calling: a tricky matter – Property Professional

There exists warranted confusion about the full extent of the impact of POPIA (the Protection of Personal Information Act) on cold calling as a form of direct marketing. Let’s have a look at what we know for sure and where

Thought of the week | ESTATE LIABILITIES TO CONSIDER IN YOUR WILL

Have you provided for these administration and related costs payable by your estate? The standard tariff executor fee is 3.5% plus VAT calculated on gross assets (this value excludes all investments / policies with named beneficiaries). The Master’s fee charged

Thought of the week | HOEKOM IS DIT BELANGRIK OM ‘N TESTAMENT TE HÊ?

‘n Mens se lewe word deur verskeie gebeurtenisse gevorm, soos byvoorbeeld die sluiting van ‘n huwelik, die aankoop van eiendom, die geboorte van ‘n kind, die afsterwe van ‘n geliefde, ‘n egskeiding of emigrasie. Hierdie ervarings verander dikwels mens se

Thought of the week | KUTHENI KUBALULEKILE UKUBA UBENOMYOLELO?

Izehlo ezibumba ubomi kwabanye, ezinje ngomtshato, ukuthengwa kwepropati, ukuzalwa komntwana, ukusweleka komntu omthandayo, uqhawulo-mtshato okanye ukufuduka, konke kukhokhelela kutshintsho lweemeko zakho ezibangela uba kufuneke uhlaziye umyolelo. Ukuqinisekisa ukuba ilifa lakho linekezwa ngokufanelekileyo, ngaphandle kweendleko kunye nokunciphisa ukulibaziseka kwabaxhamli bakho obakhethileyo, kubalulekile

Thought of the week | WHY IS IT IMPORTANT TO HAVE A WILL?

Events which shape one’s life, such as marriage, the purchase of a property, the birth of a child, the death of a loved one, a divorce or emigration, all lead to a change in personal circumstances which may require the

DON’T RISK THAT YOUR BUSINESS BECOMES THE NEXT EXPERIAN

What happened? South Africa’s largest data breach has now been contained, according to the Experian credit bureau. During 24 to 27 May this year, it had released the personal details – including identity numbers, telephone numbers, physical and e-mail addresses

Property Law Update | Issue 18 – 2020

CLAIMING ARREAR RENTAL TODAY AND LOSS OF FUTURE RENTAL TOMORROW: THE “ONCE OF RULE.Brett N.O and Others v Kushner (CA 61/2019) [2020] ZAECGHC 86 (13 August 2020) This judgment raises an interesting point. Our common law has a “once off

The importance of a Conveyancer – their role in your property investment journey

What is a Conveyancer? Why do I need a Conveyancer? What does a Conveyancer do? As a conveyancer, I hear these questions time and time again. A conveyancer is an admitted attorney who passed a written examination and has been

South African emigrant pension funds to be locked in for three years

On 31 July 2020, the National Treasury and the South African Revenue Service (“SARS”) published a Draft Taxation Laws Amendment Bill (“TLAB”) 2020.While there is little unexpected about tax amendments, it is somewhat surprising that the TLAB contains amendments which

Thought of the week | CHILD MAINTENANCE

All parents – whether married or not, living together, separated, divorced and parents of adopted children – are required to support their children financially. Known as the “duty to support”, all parents have the responsibility to ensure that their children

Property Law Update | Issue 17 – 2020

SECTIONAL TITLE AIRBnB SUB-LETTING: REVIEW OF TRUSTEE RESOLUTION NEGATIVELY IMPACTING ESTATE AGENCY Bae Estates and Escapes (Pty) Ltd v Trustees, The Legacy Body Corporate and Another 2020 (4) SA 514 (WCC) 2020 (4) SA 514 In this matter the trustees

Blog | Maintenance applications

During the month of August, the STBB Family Law Department will assist parents in need with completing the following maintenance applications for a nominal fee: – We assist with the preparation and completion of the necessary documents for an application

From the desk of Annetjie | BUYING PROPERTY IN SOUTH AFRICA AS A NON-RESIDENT

IMPORTANT DOCUMENTATION TO BE KEPT BY THE BUYER When a non-resident uses funds transferred directly from a foreign source to purchase a property, the agent/conveyancer must give specific instructions to the buyer to keep the below documents in paper form

Newsflash | PROPERTY RATES INCREASE: YOU CAN OBJECT

The City of Cape Town updates the general valuation roll every three years to assess and adjust as necessary the current worth of immovable property within its jurisdiction. If the value of an immovable property is adjusted upwards, it may result

Thought of the week | VARYING A MAINTENANCE ORDER

If your circumstances have changed to the extent that you can no longer afford your monthly maintenance contributions, or if the maintenance that you are receiving is no longer sufficient, you can apply for a review of the existing maintenance

Blog | Business interrupted with no relief? Court orders insurer to pay

There is no denying the devastating impact of COVID-19 thus far on the economy and businesses, particularly those in hospitality. The financial losses arising from the outbreak have placed focus on insurance policies and how businesses have attempted to indemnify

Blog | Business interrupted with no relief? Court orders insurer to pay

There is no denying the devastating impact of COVID-19 thus far on the economy and businesses, particularly those in hospitality. The financial losses arising from the outbreak have placed focus on insurance policies and how businesses have attempted to indemnify

Property Law Update | Issue 16 – 2020

TRADING IN PROPERTY? THE SALE MUST BE ADVERTISED Hyde Construction CC v K2013046547 (South Africa) (Pty) Ltd and Others (9179/2019) [2020] ZAWCHC 31 (29 April 2020) Our law requires that when a trader sells any part of his business other

Thought of the Week | DEFAULTING ON MAINTENANCE OBLIGATIONS

Having trouble with recovering maintenance that is due to you in terms of a Court Order? Failure to pay maintenance in terms of a Court Order is both a civil and criminal offence. If a parent who is obligated to

When is an erf regarded as a ‘registered erf’?

The arbitrary and incorrect interpretation of legal principles and the current law by municipal officials can lead to disastrous consequences. Read the article HERE.

Newsflash | FAMILY AND DIVORCE LAW AT OUR BLOUBERG BRANCH

Our Family and Divorce Law Department is expanding. We are pleased to announce to our Melkbosstrand, Blouberg, Table View and Milnerton clients that you can consult with one of our Family Law attorneys at the STBB Blouberg office. For an appointment, please contact Shirné Grobler at shirneg@stbb.co.za.

Thought of the Week | OM EIENDOM OP ‘N VEILING TE KOOP: WAT IN GEDAGTE GEHOU MOET WORD

‘n Veiling kan beskryf word as ‘n publieke aangeleentheid waartydens goedere of eiendom aan die hoogste bieër verkoop word. Bankinstellings gebruik al vir baie jare veilings om die verkoop van eiendom ten opsigte waarvan uitvoeringsverkoping deur ‘n hofbevel goedgekeur is,

Thought of the week | YINTONI EKUFUNEKE UYIGCINE ENGQONDWENI XA UTHENGA ISAKHIWO NGOKWE-NDALI (AUCTION)?

Ifandesi ichazwa kuMthetho woKhuseleko lwaBathengi “njengentengiso kawonkewonke apho kuthengiswa iimpahla kunye nepropathi yombheji omkhulu.” Amaziko ezezimali ngokwesiko asebenzisa ifandesi ukuba afezekise ukuthengisa okuphumeleyo kwepropathi apho umyalelo wenkundla unikezela imvume yokuthengisa. Mva nje ngakumbi nangakumbi abathengisi babucala bakhetha ukuba indlu yabo

Thought of the Week | WHAT SHOULD YOU KEEP IN MIND WHEN BUYING PROPERTY ON AUCTION?

An auction is generally described as a public sale in which goods or property are sold to the highest bidder. Banking institutions have traditionally used auctions to achieve successful sales of a property in respect of which a court order

Video | STBB Direct App

STBB The Big Small Brief Issue 1

  Please click the cover to download the pdf    

Thought of the week | What is a share block scheme?

Property developers and owners often seek advice on the best property time-sharing scheme to use in respect of a development. The choice of scheme is dependent on the requirements of the owner or property developer. One option is a share

Thought of the week | Yintoni isikimu sokwahlula isabelo?

Beepropathi kunye nabanini bahlala befuna ingcebiso malunga nesikimu kwesona sithuba sokwabelana ngepropathi ukuze basisebenzise ngokubhekisele kuphuhliso. Ukukhethwa kweskimu kuxhomekeke kwiimfuno zomnini okanye umphuhlisi wepropathi. Enye yezi zikhetho zizikimu zokwahlula isabelo. Isikimu sokwabelana ngesabelo sichazwa kuMthetho wokuLawulwa kwee-Bhloko zolwabelwano zeNombolo 59

Thought of the week | Wat is ‘n aandeleblokskema?

Eiendomsontwikkelaars en eienaars soek dikwels advies rakende die beste tydverdelingskema om te gebruik in ‘n eiendomsontwikkeling.Die keuse hang af van die eienaar of ontwikkelaar se mikpunt. Een opsie is om ‘n aandeleblokskema op te rig. ‘n Aandeleblokskema word in die

Property Law Update | Issue 15 – 2020

SOMETIMES PRUDENT TO AWAKEN SLEEPING DOGS Sontsele v 140 Main Street Properties CC and Another (328/2019) [2020] ZASCA 85 (6 July 2020) A 10 year lease agreement included an option to renew, subject to agreement regarding adjusted rental. At the

Newsflash | POPI & YOUR 6 MONTH GEARING UP PROGRAMME DATES

Don’t be left behind! Further to our Newsflash regarding the coming into operation of the Protection of Personal Information Act on 1 July 2020, below are the Zoom Invitations for these sessions as requested: Session 1: 22 July,

Thought of the week | HANTERING VAN TOEBEHORE IN DIE VERKOOP VAN ‘N EIENDOM

Kopers en verkopers doen soms die moeite om akkurate lyste te maak van items wat uitgesluit of ingesluit is by die verkoop transaksie. Mens vind egter dikwels dat partye min aandag hieraan skenk, en die resultaat is eindelose geskille, wat

Thought of the week | Ishukumiso kwisivumelwano sokuthengiswa kwepropathi

Ngelixa amanye amaqela kwisivumelwano sokuthengiswa kwepropathi ngamanye amaxesha ethatha ixesha lokwenza uluhlu oluchanekileyo lwezinto zikhutshelwe ngaphandle okanye zibandakanywe kwintengiso, umntu uhlala efumana izivumelwano ezihluleka ukunika ukucaciswa malunga noku kwaye iziphumo zisoloko zingapheli-zingxabano, ixesha elide emva kokudluliselwa. Kulula ukunqanda uninzi lokungaboni

Thought of the week | DEALING WITH FIXTURES & FITTINGS IN A PROPERTY SALE AGREEMENT

While sellers and purchasers sometimes take time to accurately list the items that are excluded or included when a property sale agreement is concluded, one often finds that this detail is lacking. It results in never-ending disputes, long after transfer.

Article Published | Breaking the bond

One of the tricky issues to be resolved during a divorce could be when the couple owns a property jointly and even more so when a mortgage bond is registered in both their names. Read the article HERE.

Blog | When the Small Claims Court can be approached

Monetary jurisdiction The Small Claims Courts are available to those who wish to institute a claim of a value up to R20 000.00. Attorney may assist but not appear on behalf of a party in this Court In terms of the

Property Law Update | Issue 14 – 2020

AN ESCAPE FROM CONTRACTUAL OBLIGATIONS BECAUSE THEY ARE UNFAIR? Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109 /19) [2020] ZACC 13(17 June) In recent times, there has been increasing debate

From the desk of Annetjie | CSOS Answers frequently asked questions by members of Community Schemes

On 23 June 2020 CSOS acting Chief Ombud, Ndivhuo Rabuli, published a directive and answers to 43 frequently asked questions that have bearing on homeowners’ associations and body corporates. The questions range from general questions to specific questions relating to registration of

From the desk of Annetjie | On-Selling Of Water Use Rights Ruled Unlawful

The practice of re-selling water use rights in the agricultural sector has been declared unlawful by a full bench of the Gauteng High Court in a judgment handed down last month, 19 June 2020. The Court held that: (i) Section

Thought of the week | Hoekom dan ‘n ’72 uur’ klousule?

Vir eerste-keer kopers en verkopers is die sogename 72 uur-klousule dikwels ietwat van ‘n raaisel. In ‘n neutedop, behels dit die volgende: Wanneer so ‘n klousule in ‘n koopooreenkoms ingesluit word, stem die partye met die sluiting van hul ooreenkoms

Thought of the week | Why a ’72 hour’ clause?

The ’72 hour clause’ (or ‘continued marketing clause’) is somewhat of an enigma for a first time buyer or seller and we therefore explain here how it works. It is important to consider the exact wording of the ’72 hour

Blog | POPI and Privacy Protection

Introduction This past week I needed to visit a client in a residential estate in Stellenbosch. On arrival, the licence disk of my car was scanned and the security officers scanned my driver’s licence. The home owner had also sent

Newsflash | POPI COUNTDOWN AND YOU

Today the bulk of the provisions of the Protection of Personal Information Act (POPI) finally becomes operational and your 12 month countdown to compliance begins. POPI gives effect to your right to privacy and the prescribed principles that must be

Property Law Update | Issue 13 – 2020

PURCHASER’S REMEDY WHERE PARKING BAY NOT CEDED ON TRANSFER OF UNIT Le Roux v Dunrobin Body Corporate and Others (10268/2019)[2020] ZAWCHC 53 (9 June 2020) It happens from time to time that, due to oversight, a formal cession of an exclusive use

Blog | Procedures to Report Suspected Child Abuse

It is important to note that any person who works with children, such as doctors, nurses, dentists, teachers or therapists have a mandatory obligation to report suspected physical abuse. Neighbours and friends whom suspect a child is suffering physical abuse

Thought of the week | INGABA UMPROFETHI WOMHLABA ANGANGAVUNYELWA UKUBA ANGENELE UPHUHLISO LWECANDELO KWINQANABA LESITHATHU?

Yinto eqhelekileyo ukuba umnini wepropathi okanye umtyali mali atyumbe umntu ukuba afake ipropati kuluhlu okanye athengise okanye alawule ukurentwa kwayo. Igosa elinjalo lisebenza kwigunya elibhaliweyo lomnini obhalisiweyo kwaye liyavunyelwa ukuba lenze izenzo okanye imisebenzi ethile, equka ukufaka isihloko secandelo ukwenzela

Thought of the week | KAN ‘N EIENDOMSPRAKTISYN TOEGANG VERBIED WORD TOT ‘N DEELTITELSKEMA ONDER VLAK 3 VAN INPERKING?

Dit het standaard praktyk geword vir ‘n eienaar om ‘n eiendomspraktisyn aan te stel om sy eenheid te koop te lys of om die verhuring daarvan te hanteer. So ‘n praktisyn tree op ingevolge ‘n skriftelike magtiging van die geregistreerde

Thought of the week | MAY AN ESTATE AGENT BE BARRED FROM ENTERING A SECTIONAL TITLE DEVELOPMENT DURING ALERT LEVEL 3?

It is common practice for a property owner or investor to appoint an estate agent to either list and sell his or her unit or to manage the rental thereof. Such estate agent acts on the written authority of the

Newsflash | POPI Shortly in operation

POPI SHORTLY IN OPERATION President Cyril Ramaphosa today announced the commencement dates for most of the remaining parts of the Protection of Personal Information Act. The Act has been put into operation incrementally, with a number of sections having been

Blog | I am unable to afford my monthly homeloan re-payments, what options do I have?

For many people, a bond is their largest monthly debt instalment. Due to the current economic woes caused by the Covid-19 pandemic many people are struggling to pay their monthly bond instalments and have fallen into arrears or are simply

Blog | Challenging your right to bequeath your assets as you wish

On 10 June, legal academic Prof Pierre De Vos argued in his blog post, Constitutionally Speaking, that there is a need to reform the laws of succession both in South Africa and on a global scale. “Nothing is certain except for death and taxes” is

Property Law Update | Issue 12-2020

NO FFC, NO COMMISSION – UNLESS YOUR DUCKS WERE IN A ROW Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019) [2020] ZASCA 63 (10 June 2020) In this important judgment handed down by the Supreme Court

Thought of the week | INGCINGA YEVEKI: UKUBA AWUNASO ISETIFIKETI SEFIDELITY FUND AWUYIFUMANI IKHOMISHINI – NGAPHANDLE KOKUBA IZINTO ZAKHO ZICWANGCILE.

Umthengisi zindlu akanalungelo lokufumana ikhomishini kwintengiso ukuba ngexesha lokugqitywa kwesivumelwano, ebengenaso isetifiketi seFidelity Fund esisemthethweni. Le mfuno yindlela yokukhusela umthengi njengokuba abathengisi zindlu benikela ngokunyanzelekileyo kwingxowa eyinxalenye yomsebenzi wesetifikethi. Ngoluhlobo kuqinisekiswa ukuba amalungu oluntu anganako ukubuyiselwa imali zabo xa kunoze kubekho impatho

Thought of the week | GEEN GETROUHEIDSFONDSSERTIFIKAAT, GEEN KOMISSIE – TENSY JY JOU EENDE IN ‘N RY HET

Eiendomsagente is nie geregtig om kommissie op transaksies te verdien as hulle nie ten tyde van die sluiting van die ooreenkoms oor ‘n geldige Getrouheidsfondssertifikaat beskik nie. Hierdie vereiste het te doen met verbruikersbeskerming aangesien eiendomsagente verpligte bydraes lewer tot

Thought of the week | NO FFC, NO COMMISSION – UNLESS YOUR DUCKS WERE IN A ROW

Estate agents are not entitled to earn commission on transactions they negotiated successfully if they were not, at the time of conclusion of the agreement, in possession of a valid Fidelity Fund Certificate. This requirement is a consumer protection measure

The Cape Town Deeds Office – one month after re-opening

Just under a month ago, on the 13th of May 2020 the Cape Town Deeds Office (the “Deeds Office”) opened with limited staff to conveyancers only. Between 13 May 2020 and 06 June 2020 a total of 11 977 Deeds

Thought of the week | Ukukhetha umhlala phantsi phakathi kokufumana iyunithi yecandelo okanye ilungelo lobomi

Ukulungiselela ukuya kwiskimu somhlalaphantsi akukho lula njengokuthengisa ikhaya lakho, ukupakisha iibhokisi kunye nokuhamba ungene kwindawo entsha. Kule mihla kukho iindlela ezahlukeneyo zokuthenga ezifumanekayo, eyona nto iphambili yeyokuba ngumnini wetayitile yobunini kunye namalungelo obomi. Ukukhetha enye okanye enye kuya kufuneka kube sisigqibo

Thought of the week | Die Koopkeuse van ‘n afgetrede persone: ‘n deeltitel of lewensreg?

Om te verhuis na ‘n aftreeskema is nie so eenvoudig soos om jou huis te verkoop, bokse op die trokkie te laai en daar gaat jy nie. Deesdae bied die aftreeskema spyskaart ‘n verskeidenheid van opsies aan aanstaande kopers– waarvan

Thought of the week | A retiree’s choice between acquiring a sectional title unit or a life right

Preparing to move into a retirement scheme is not as simple as selling your home, packing boxes and moving into the new place. Nowadays there are various purchase options available, the most prominent being sectional title ownership and life rights.

Property Law Update | Issue 11-2020

SUBSIDENCE: STRICT LIABILITY TO SUPPORT A NEIGHBOUR’S LAND Petropulos and Another v Dias (1055/2018)[2020] ZASCA 53 (21 May 2020) Your neighbour’s building activities, conducted in terms of approved plans, causes subsidence on your property and damage to your home. Is there a

Thought of the week | INQAKU ELITSHA ELIFUMENEKILEYO

Imisebenzi yokwakha ummelwane wakho, eqhutywa ngokwezicwangciso ezivunyiweyo, ibangela ukuxhomekeka kwipropathi yakho kunye nomonakalo kwikhaya lakho. Ngaba sikhona esisemthethweni kubanini bomhlaba ukubonelela ngenkxaso esexesheni kwiindawo ezakhiweyo zasedolophini? Ngaba ukungakhathali kuya kungqina? Kwiminyaka eliqela kuye kwakho ukunqongophala kokucaciswa komthetho wethu ngokunxulumene nomda

Thought of the week | THE LATERAL SUPPORT REQUIREMENT: A RECENT WIN

Your neighbour’s building activities, conducted in terms of approved plans, causes subsidence on your property and damage to your home. Is there a legal duty on landowners to provide lateral support in built-up urban areas? Must negligence be proved? For a number

Thought of the Week | DIE LATERALE STEUNVEREISTE: ‘n ONLANGSE OORWINNING

Die boubedrywighede van u buurman, wat ingevolge goedgekeurde planne uitgevoer word, veroorsaak skade aan u eiendom en huis. Het grondeienaars ‘n wetlike plig om laterale ondersteuning in beboude stedelike gebiede te verleen? Moet nalatigheid bewys word?Ons reg het al vir

LEVEL 3 REQUIREMENTS FOR ESTATE AGENTS

Since the good news that many businesses may again operate under the Level 3 regulations that become effective tomorrow, 1 June, many questions have been raised by agents as to their responsibilities. Here is a list of important requirements:  

Newsflash | LEVEL 3 NEWS

The new regulations relating to Level 3 arrangements have been published. Note that these new regulations do not repeal the 29 April 2020 regulations and these must therefore be read together to get the full picture. As from 1 June

Thought of the Week | Hoe saaklik is u saaklike reg?

Die toekenning van regte op die uitsluitlike gebruik van ‘n gedeelte of gedeeltes van ‘n deeltitelskema (“skema”) se gemeenskaplike eiendom is ietwat van ‘n omstrede onderwerp in gemeenskaplike wonings in Suid-Afrika. In gevalle waar ‘n eienaar of eienaars nie regte

Thought of the week | How real is your right? Exclusive use rights in title schemes

The allocation of rights to the exclusive use of a part or parts of a sectional title scheme’s (“scheme”) common property is somewhat of a contentious topic in communal living in South Africa. In instances where an owner or owners

Newsflash | BE READY TO OPEN YOUR DOORS: YOUR REQUIRED POLICY

In anticipation that estate agents may commence normal businesses operations in the very near future, we share a generic draft AGENCY COVID POLICY document with the relevant questionnaires . You can adapt it as necessary for your agency, so that

Property Law Update | Issue 10 – 2020

OCCUPIER WITH IMPROVEMENT LIEN AND THE NEW PROPERTY OWNER Lakka v Beukes and Another (CA&R 60/2018) [2020] ZANCHC 11 (23 March 2020) What happens if on transfer, the new owner finds an occupier in the home who refuses to move,

Newsflash | REPO RATE AMENDMENT BRINGS INTEREST RATE CUTS

The Reserve Bank’s Monetary Policy Committee announced that it has cut the interest rate for the fourth time this year, from 4.25% to 3.75%. As a result of the cut, the prime lending rate will fall from 7.75% to 7.25%.

Newsflash | UPDATE ON CAPE TOWN DEEDS REGISTRY

We are relieved to confirm that the Cape Town deeds office will again accept lodgments from tomorrow, 21 May, onwards. In addition, we are pleased with the present turnaround times, some of the deeds we lodged last week are already

Newsflash | NO LODGMENTS AT CAPE TOWN DEEDS OFFICE

The Cape Town Deeds Office advised today that they will, for the time being, not accept new lodgments. They have explained to us that this was necessitated because of the low numbers of staff at their offices. Staff who have been

Blog | What are asset-for-share transfers?

The most common way of purchasing a property is whereby a Seller sells a property for a certain amount and the Purchaser settles the purchase price by either cash or a loan from a financial institution or perhaps a combination

Newsflash | MOVING HOMES, PREMISES OR BUSINESSES: REGULATIONS ADAPTED

Regulations published this afternoon by virtue of Government Gazette 43320 have made the movement of persons and businesses easier than the previous regulations allowed for during Level 4. Moving across provincial, metropolitan, and district boundaries is now allowed, once-off, no matter

Video | COVID-19 The Property Market in Distress – Carte Blanche

Already in freefall before the COVID-19 lockdown, the property market has been all but frozen by the temporary closing of the Deeds Office. The unintended consequences have been dire for some home owners and tenants: double rent payments, an inability

Video | The impact of the lockdown on your deals

Liezl Solomon and David Thompson together with our STBB Gauteng Team discuss the impact of the State of Disaster on Contracts, with specific applications to Offers to Purchase. Our team offers advise on how to secure your deals, manage suspensive

Newsflash | When you may move from or to a home and other new regulations

In two Government Gazettes that were published yesterday, certain measures were announced to ease some of the difficulties experienced by property practitioners and their clients at present. As promised on our social media feed yesterday afternoon, below are short notes. We

Newsflash | Our Offices during level 4

We are pleased to confirm that having successfully managed virtual offices over the level 5 lockdown period, we are now operational from all our physical offices in terms of the level 4 regulations. We are taking every measure to ensure

Thought of the week | AMABANGO PENALTY KWIZIVUMELWANO ZOKUZIPHATHA: NGABE BAQINILE?

Izivumelwano zokuthenga impahla engashukumiyo ihlala iqulethe amalungiselelo apho umboleki eya kuthi alahle idipozithi yakhe xa kuthe kwarhoxiswa isivumelwano ngenxa yokuba umthengi esaphula umthetho kwaye esilela ukulungisa oko kuphula umthetho. UMthetho weZohlwayo zeMeko yesiqhelo ucacisa gca ukuba, ukuba inkundla ifumanise ukuba

Thought of the week | Boeteklousules in ooreenkoms vir verkoop van eiendom: Is dit afdwingbaar?

Ooreenkomste om onroerende eiendom te koop bevat dikwels bepalings ingevolge waarvan ‘n koper sy deposito sal verbeur in die geval van die kansellasie van die ooreenkoms as gevolg van kontrakbreuk deur die koper en sodanige kontrakbreuk nie reggestel word nie.

Thought of the week | Penalty Clauses in Property Sale Agreements: Are they Enforceable?

Agreements to purchase immovable property often contain provisions in terms of which a purchaser will forfeit his deposit in the event of the agreement being cancelled as a result of the purchaser being in breach and failing to remedy such

Property Law Update | Issue 09 – 2020

WHAT’S IN A NAME AND IMPOSSIBILITY OF PERFORMANCE Wilma Petru Kooij v Middleground Trading 251 CC and Another (1249 /18) [2020] ZASCA 45 (23 April 2020) Our law has always held that the title to an agreement cannot mask its

Newsflash | Credit Life Insurance

While the debt relief holiday announced by South Africa’s major credit providers was a welcome relief to many, there are alternative measures that very few South Africans are aware of, although they are already providing for them. Section 106 of

Blog | Covid-19 and its Impact on Gender Based Violence

The Effect of the Lockdown on Victims of Abuse The South African government’s swift and ruthless response to the Covid-19 outbreak was praised by numerous South Africans. A great deal of the South African population fundamentally believed that the imposition

Thought of the week | Huwelikskontrak na uitstel van seremonie weens Covid-19

Ek het ‘n huweliksvoorwaardekontrak onderteken, en nou is die troue as gevolg van die Covid-19-pandemie gekanselleer. Wat gebeur met die ondertekende kontrak? Talle paartjies is as gevolg van die Covid-19-pandemie en die verwante maatreëls om die verspreiding van die virus

Thought of the Week | NDITYIKITYE ISIVUMELWANO SOMTSHATO KODWA NGENXA YESISIFO ESIYI KHOVIDI-19 ESIJIKELEZE ILIZWE LONKE KUYE KWANYANZELEKA UKUBA UMTSHATO MAWURHOXISWE.

Umbuzo omawuzibuze wona ke ngowokuba kuye kwenzeke ntoni kwisivumelwano somtshato endiyityikityileyo? Esi sifo saziwa ngokuba yikhovidi-19 siye sanemighaqo siseko emiselwe ebantwini bonke jikelele bomzantsi afrika, siyazi sonke ukuba sifumene umyalelo wokuba makukhawuleziswe kumiswe izinto ezenziwa elizweni lethu nto leyo enonceda

Thought of the week | Wedding Ceremony postponed due to covid-19: What happens to the signed antenuptial?

The Covid-19 pandemic and the national lockdown that was implemented in order to contain the spread of the virus has forced many couples to cancel or postpone their wedding day. What happens to the antenuptial contract that was signed and

Development Law Update | Issue 01 – 2020 (part 2)

DEVELOPMENT APPLICATIONS LODGED WITH THE TRIBUNAL UNDER THE DEVELOPMENT FACILITATION ACT: ARE THEY “PENDING APPLICATIONS” FOR SPLUMA? Dykema v Malebane and Another (CCT332/18) [2019] ZACC 33; 2019 (11) BCLR 1299 (CC) (10 September 2019) The Constitutional Court’s 2010 decision in City

Development law update | Issue 01 – 2020 (part1)

We have been contacted by several clients (employers and contractors) to advise them of their rights in terms of existing construction contracts in light of Covid-19 and the lockdown. A typical example of an enquiry is as follows: A construction

Property Law Update | Issue 08 – 2020

ONE MESSY TRIO: SELLER’S SARS WOES; DOUBLE SALE; 1ST PURCHASER REFUSING TO VACATE Narainsamy and Others v Nel and Another (15281/2014) [2020] ZAKZPHC 5 (28 February 2020) Living in an upmarket unit in central Cape Town almost for free for

Blog | The State of Emergency and the Administration of Justice

A recent judgement by Brauckmann AJ (“the presiding judge”) in Dr JS Moroka Municipality and others v Kubheka [2020] ZAMPMHC 3 addressed and condemned specific conduct of legal practitioners amid a state of emergency. However, it is argued that the

Thought of the week | Isicelo esingesinye

Ngokwesiqhelo,izivumelwano ziqulunqwa ngokwendlela yobonelelo nolwamkelo. Oku kubalulekengaphezulu kokuba ubani enokucinga, nanjengokuba lotshintshitshintshi esebenza njengophawu lovunyelwano enye yemfuneko ezibaluleke ngakumbi zesivumelwano esisemthethweni ikwabonakalisa ixesha kunye nendawo esithe saqulunqwa kuyo ngokusemthethweni isivumelwano. Oku kubalulekile,hayi nje ngokwesizathu sobuchwepheshe bezomthetho njengegunya nogunyaziso kodwa nangokuba

Thought of the Week | Counter offers

Typically, contracts are concluded by way of offer and acceptance. This is more important than one might think, as this exchange functions as an indication of consensus – one of the most important requirements for a valid contract – and

Thought of the Week | Aanbod en teen-aanbod

‘n Kontrak word tipies aangegaan deurdat een party aan die ander ‘n aanbod maak, wat dan aanvaar word. Hierdie skynbaar onindrukwekkende wisseling is belangriker as wat mens sou dink, aangesien dit as bewys van konsensus – een van die fundamentele

Newsflash | Update on Conveyancing issues

The Cape Town Attorneys Association, referring to a note from the Chief Registrar of Deeds, confirmed that various communications have been addressed to the office of the Minister of Justice, motivating the re-opening of the Deeds Office as an essential

Blog | Business as usual for sectional title schemes

In and during March 2020, and in response to the novel coronavirus outbreak in South Africa, the government, for the first time in our democracy, declared a national state of disaster and gazetted regulations which, inter alia, prohibited gatherings of more

Property Law Update | Issue 07 – 2020

I AM ACTING FOR OUR FAMILY TRUST: WARNING BELLS Rossiter NO v Nedbank Limited (AR94/19, 8244/2010) [2020] ZAKZPHC 7 (14 February 2020) What powers do you have to defend and raise actions in a court as trustee of a family

VIDEO | Why Does the Seller Appoint The Transferring Attorney

In property transfers the seller nominates the transferring attorney/conveyancer who acts on his behalf yet the buyer pays the costs and has no representation as such. Why is this so, is it a disconnect and “unfair” or understandable and justified?

VIDEO | What is a Conveyancer

The term “Conveyancer” is easily thrown around after signing your first Offer to Purchase , yet many remain slightly uncertain as to what the actual function of the Conveyancer is. This video explores the various functions of a Conveyancer, advises

VIDEO | Voetstoots Clause

Understand the Legal Implications and duties of Sellers and Buyers of Immovable Property.  

VIDEO | Usufruct, Habitatio & Usus

Usufructs, Habitatio and Usus: What are they and other important factors to consider.  

VIDEO | Transaction Costs Q&A

A discussion of the transactional costs in selling and purchasing a property, both from the Agent and Conveyancer’s perspective. This is especially important for a first time buyer and seller.  

VIDEO | Stipulatio Alteri

“The Stipulatio Alteri” – Accepting the benefits of an Agreement. A short discussion about the stipulatio alteri and two practical examples of how the Courts have dealt with situations where Estate Agents have and have not accepted the benefits of

VIDEO | Sectional Title Part 1

The Voetstoots Clause: Understand the Legal Implications and duties of Sellers and Buyers of Immovable Property Sectional Title Property 3 part series, summarizing the sectional title process in South Africa, explaining the terminology used in sectional title developments, and unpacking

VIDEO | Sectional Title Part 2

The Voetstoots Clause: Understand the Legal Implications and duties of Sellers and Buyers of Immovable Property Sectional Title Property 3 part series, summarizing the sectional title process in South Africa, explaining the terminology used in sectional title developments, and unpacking

VIDEO | Sectional Title Part 3

The Voetstoots Clause: Understand the Legal Implications and duties of Sellers and Buyers of Immovable Property Sectional Title Property 3 part series, summarizing the sectional title process in South Africa, explaining the terminology used in sectional title developments, and unpacking