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…
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…
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…
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 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…
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…
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…
Cluster Developments are usually approved in terms of the Municipal Planning By-Laws of the Local Authority in question with a condition that an Owner’s Association (hereafter “OA”) must be established. In addition, there must be a matching condition in the…
The Property Practitioners Bill, 2018 is intended to replace and repeal the Estate Agency Affairs Act of 112 of 1976 and is intended to govern amongst others estate agents. It was introduced to the National Assembly on 14 June 2018…
We previously published articles in respect of the case of Singh and another v Mount Edgecombe Country Club Estate Management Association 2 (RF) NPC and others [2016] JOL 35169 (KZD) (the “First Case”) discussing amongst others the legality and enforceability…