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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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36
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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55
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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626
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. 

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635
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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674
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
28
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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57
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
61
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
36
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
55
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
626
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
635
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
674
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
28
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
57
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
61
Article
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Filter: Property
Why you should talk to your bank if you can no longer afford your bond payment

22 November 2022

For many home owners, the economic pinch is an everyday reality. Add to this rising interest rates which in turn... push up monthly bond payments, and you may easily find yourself in trouble with making your monthly payment. Beware the danger as you can end up losing your home if you don’t take steps to remedy the situation.

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499
Article
Your responsibilities as a new home owner

15 September 2022

So many new property owners believe that once the property is in their name all that is left is to... enjoy their new home. Unfortunately, there are still a few other important responsibilities that should not be forgotten.

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993
Article
What to do if the suspensive condition is not going to be met?

15 July 2022

A typical situation encountered in a property transaction: The deed of sale has been signed, the intended buyer is applying... for a loan but paperwork and delays at the bank slow things down. Suddenly the transferring attorney lets the buyer know that they only have a few days left to satisfy the suspensive condition in the deed of sale. What does all of this mean and what happens if the loan is given, but it’s a day late?

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472
Article
The drive to transform under the new Property Practitioners Act

13 April 2022

With all the media focus lately on the new Property Practitioners Act and new regulations and requirements regarding Fidelity Fund... certificates, it’s easy to miss the impact this Act intends to make on much-needed transformation of the property sector. Here we highlight a few of the key measures that will impact on transformation in the property industry.

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360
Article
Exploring the new Property Practitioners Act

21 March 2022

Most estate agents by now know that the new Property Practitioners Act has come into effect. Yet surprisingly, there is... still a lot of confusion about how the Act will affect Estate Agencies and their agents. To help, we have unpacked some of the key points to be considered by any estate agency and property practitioner.

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394
Article
May I refuse access to my property for electrical meter readings?

15 November 2021

I am currently an owner of a residential property and I sometimes get visits from employees of our local electricity... provider requesting access to the property to take a reading of the electricity meter. This is often an inconvenience to me. May I refuse them access to my property?

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309
Article
Can I run a business from a residential property?

14 September 2021

I’m looking at buying an old house and renovating such to use as offices for my general medical practice. In... the area that I’m looking at there are a number of small businesses also operating from houses. However, I want to make sure I’m allowed to run my practice from this property. How can I do that?

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318
Article
What are the legal costs involved in buying a property?

10 August 2021

My wife and I are considering buying a house. This is a big decision for us and we want to... make sure we are financially prepared for all the costs and expenses involved in doing so. I understand that in addition to the purchase price there may also be additional attorney costs I would need to factor in. Can you explain how this will work and how I can budget for such costs?

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373
Article
Your right of pre-emption when a group of properties is being sold

14 July 2021

I rent a portion of a farm which forms part of a larger group of properties. In my lease agreement... I have a standard right of pre-emption. It has come to my attention that the owner wishes to sell the entire portfolio of properties as a single transaction, including the portion I am leasing. I don’t want to lose the property, but I’m not sure if my right of pre-emption still applies if the group of properties is being sold?

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445
Article
Are sacrificial rituals allowed in sectional titles?

14 July 2021

A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a... sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?

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279
Article
The basics of starting a sectional title development

14 June 2021

I’ve inherited a piece of property that a few people have told me is ideal for a small sectional title... development. I know it will be costly and take time, but was wondering if you could briefly explain to me what will need to happen for me to make this a reality?

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409
Article
Can you sell your commercial property and help finance part of the deal?

20 May 2021

We’re a small building developer and have invested quite a bit in building some high-end commercial properties. The problem is... many of our interested buyers cannot get a 100% loan from the bank and this usually sinks the deal. Can we as developer help finance the loan shortfall for a potential buyer?

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345
Article

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