RISK AND TRANSFER
South Africa, and indeed the entire world, have experienced many events in the recent past that have had a large impact on the insurance industry ranging from business interruptions due to pandemics and riots, to flooding, fires and other natural disasters. It is for this reason that one should understand how and when insurance should […]
WHO MAY ISSUE A COMPLIANCE CERTIFICATE FOR A SOLAR SYSTEM?
The short answer is that only an Installation Electrician or Master Installation Electrician may issue a certificate of compliance (COC) for a solar system. According to OHS 3/1/5/7/9 of the Occupational Health and Safety Act of 1993 there are three types of electricians in South Africa. They are: 1.Single Phase Electricians (ETSP); 2.Installation Electricians (IE); […]
AN OVERVIEW OF THE PROPERTY PRACTITIONERS ACT AND REGULATIONS
The Property Practitioners Act replaced and repealed the Estate Agency Affairs Act of 112 of 1976 (hereinafter referred to as “the Act”). The Act will come into effect on 1 February 2022. Some of the pertinent provisions of the Act and its regulations are discussed herein. Download the PDF and continue reading the full article.
Double and Triple Dwellings in terms of the Spatial Planning and Land Use Management Act (SPLUMA) and By-Laws
It is now possible, in the City of Cape Town and in many other municipalities in South Africa, to construct two to three dwellings on your erf and sell the units off without either applying for a subdivision or the rezoning of your property provided that the building plans for the building or proposed building […]
Can one sign an offer to purchase electronically?
The short answer is that an electronically signed agreement of sale is not valid and therefore not binding on the parties. In South-Africa electronic signatures are governed by the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as ECTA). Section 4 of ECTA provides for the spheres of our law to which […]
HOW TO AVOID BOND CANCELLATION PENALTY FEES
In terms of Section 125 of the National Credit Act 34 of 2005 as amended all Financial Institutions are entitled to charge an early termination fee. The fees charged will be included in the cancellation figures provided to the Transferring Attorney by the Bank and will be deducted from the proceeds of the sale. 1. […]
POPI: PROTECTION OF PERSONAL INFORMATION ACT
Introduction and history POPI promotes the protection of personal information by public and private bodies. POPI was signed into law by the President on 19 November 2013 and published in the Government Gazette on 26 November 2013. The President signed a proclamation declaring certain provisions of POPI into effect from 11 April 2014. They included […]
UPDATE: MOVING OF BUSINESS AND RESIDENTIAL PREMISES – NEW REGULATIONS EFFECTIVE AS OF 14 MAY 2020
On 14 May 2020, regulations were issued in Government Gazette No 43320 by the Department of Co-Operative Governance and Traditional Affairs in terms of the Disaster Management Act, No. 57 of 2002. These regulations repeal and replace the ones issued on 7 May 2020 in respect of which we previously prepared a Newsflash on such […]
MOVING OF PREMISES – NEW REGULATIONS EFFECTIVE AS OF 7 MAY 2020
On 7 May 2020, Regulations were issued in Government Gazette No 43293 by the Department of Co-Operative Governance and Traditional Affairs in terms of the Disaster Management Act, No. 57 of 2002. In terms of such regulations from 7 May 2020 to 7 June 2020 persons together with furniture and goods may move, including across […]
DEEDS OFFICE OPENING AND RATES CLEARANCE CERTIFICATES
On 29 April 2020 further regulations were issued in terms of the Disaster Management Act, No. 57 of 2002. In terms of such regulations, the various Deeds Offices are deemed to be essential government and administration services which may operate during level 4 of the National Lockdown. Rates clearance certificates are valid for 60 days […]
VACATING LEASED PREMISES DURING LEVEL 4 LOCKDOWN
On 29 April 2020 further regulations were issued in terms of the Disaster Management Act, No. 57 of 2002. In terms of such regulations, during Alert Level 4 the movement of persons are still very strictly regulated. Every person is confined to his or place of residence. One may only leave their place of residence […]
CLARITY ON WHEN THE DEEDS OFFICES WILL OPEN
On 29 April 2020 further regulations were issued in terms of the Disaster Management Act, No. 57 of 2002. In terms of such regulations, the various Deeds Offices are deemed to be essential government and administration services which may operate during level 4 of the National Lockdown. Further in terms of the regulations, professionals may […]
SIGNATURE OF DOCUMENTS DURING COVID-19 LOCKDOWNS
Introduction: Requiring original signatures during the transfer and bond registration process has become an important one during the COVID-19 lockdown that has been implemented around the world since late January 2020. This document attempts to give a brief overview of the signature of agreements and documentation required by SARS and the Deeds Office, amongst others, […]
THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT SPLUMA AS IT IS COMMONLY KNOWN)
This is our second Newsflash on SPLUMA. As a brief re-introduction SPLUMA is a national framework legislation which came into operation on the 1st July 2015. SPLUMA’s primary aim is to provide national, provincial and municipal spheres of government with a framework relating to the establishment of policies and systems relating to planning and land […]
OUT OF COMMUNITY OF PROPERTY MARRIAGES ENTERED INTO BEFORE 1988 UNDER THE BLACK ADMINISTRATION ACT NOW DECLARED TO BE MARRIAGES IN COMMUNITY OF PROPERTY
In the event of someone being married where the laws of South Africa apply, without an antenuptial contract, such person is automatically married in community of property. Only if an antenuptial contract is registered in the relevant Deed’s Office would the marriage be one of out of community of property. The above, however, does not […]
ELECTRONIC DEEDS REGISTRATIONS SYSTEMS ACT 19 OF 2019
The Electronic Deeds Registrations Systems Act 19 of 2019 (the “Act”) was enacted and signed by the President on 19 September 2019. The Act is not yet in force and will become effective on a date to be proclaimed in the Government Gazette. According to a press release from the office of the President: “The […]
DETERMINING IF AN AGREEMENT OF SALE IS BINDING IN CERTAIN CIRCUMSTANCES A DISCUSSION OF A RECENT CASE
In the case of Terry and Another v Solfafa and Others (2263/2019) [2019] ZAFSHC 143 (29 August 2019) the applicants (Mr. and Mrs. Terry, hereinafter referred to as the “Purchasers”) requested that the court order that a property they purchased be transferred into their name. The respondent (Ms. Solfafa – hereinafter referred to as the […]
Opening and Closing of Municipal Accounts
DVH Value Added Service: Our offices offer the added service of attending to Council for opening or closing of City of Johannesburg accounts on your behalf for a nominal fee. Download the pdf document to read more.
WHAT DOES “VOETSTOOTS” MEAN
Recently in the press and on the television there has been much discussion about the voetstoots clause in property transactions particularly in light of the promulgation of the Consumer Protection Act which does not allow a voetstoots clause in an agreement. As explained in the previous article, the Consumer Protection Act does not apply to […]
AUTHENTICATING DOCUMENTS SIGNED OUTSIDE OF SOUTH AFRICA
A number of complications arise with cross-border transactions, such as jurisdictional issues for example. Generally speaking, signing a document or contract overseas when it is intended to be used in South Africa does not invalidate such document. However, if the agreement or document is to be relied on for court proceedings or for use in […]
