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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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2
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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6
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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2
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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3
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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49
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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82
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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652
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
668
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
2
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
6
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
2
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
3
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
49
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
82
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
652
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
668
Article
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Filter: Property
The when, what and how of estate agent commission

12 October 2021

We’ve put our house in the market and have an estate agent that is helping us sell our property. However,... we have also told our friends that we are selling should anyone know of an interested buyer. But what happens if we get a buyer independent from our estate agent? Must we still pay agent’s commission?

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399
Article
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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481
Article
Is BEE compliance a legal requirement for estate agents?

08 August 2018

I run a small estate agency in town. I’ve recently listened to a radio discussion that implied estate agencies will... also have to be BEE compliant and get a BEE certificate. Is this true? I’m a small agency and cannot imagine that BEE compliance would be applicable to my business?

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305
Article
The pros and cons of co-ownership

12 July 2018

A friend and I are considering buying a house together as an investment property. I’m quite keen but she is... a bit worried about how it will work and if it’s a good idea. Can you give some guidance on what the pros and cons might be of jointly owning the property?

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387
Article
What safety requirements must my swimming pool comply with?

14 December 2016

I’m contemplating building a small swimming pool in my yard. I’ve heard that you are supposed to have your swimming... pool fenced off. Is that true?

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221
Article
Sectional title levy increases you can expect

14 December 2016

My body corporate has warned that due to recent changes in the sectional title legislation we should be expecting higher... than normal levy increases. I live on a tight budget and this news has me very worried. Is it true that my levies will increase or is the body corporate just making this up?

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353
Article
Application of the National Credit Act to property instalment sale agreements

09 November 2016

A buyer is interested in buying my flat. Her bank is not prepared to give her a loan because she... is paying off a few personal loans, but she is prepared to enter into an instalment sale agreement to pay the purchase price in instalments over a period of time, much like a rental. I like the idea of at least getting a monthly income, but I am worried whether I can do this and charge interest on the instalments, particularly as it will take a few years for her to pay the price in full?

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244
Article
Don’t forget about the gas certificate when selling your house

07 October 2016

I am in the process of selling my house. I have a permanent gas oven in the house and the... transferring attorney is saying I need to get a gas compliance certificate for the gas appliance. Is this necessary, and should the buyer not be responsible for this?

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353
Article
What is so special about a Special General Meeting for a sectional title scheme?

12 September 2016

I have been appointed as a trustee for our new sectional title scheme. I understand the requirements for calling an... annual general meeting, but I am a bit worried about when we should hold special general meetings in the scheme. I just don’t what to make a mistake.

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303
Article
Want to sell a portion of your farm? Don’t count your chickens before you have consent

11 August 2016

With the continuing drought I can no longer afford to run my entire farming operation and would like to sell... off a portion of my farm. However, as I understand it I may not subdivide my land. What is the legal position, and is there any manner in which I can do this?

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270
Article
Co-ownership. Is it for life, or can I get out?

07 July 2016

I am a co-owner of a property together with a friend. For a number of years I have been trying... to convince him that we should sell the property, but he keeps refusing. I just don’t see the value of keeping the property anymore. Is there any way I can force him to sell?

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164
Article
Landlords and tenants, take note of the Rental Housing Amendment Act

02 June 2016

I am the owner of a number of properties which I let to tenants. I understand that the Rental Housing... Act has been amended. What are the implications for me as landlord and my tenants?

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329
Article

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