RESOLUTION FOR A TRUST
One always has to be extremely careful when one of the contracting parties is a trust. The Supreme Court of Appeal has ruled that in the case of a trust, a deed of sale signed by one or more of…
RESTITUTION OF LAND RIGHTS AMENDMENT ACT FOUND UNCONSTITUTIONAL
The Constitutional Court held that in the case of Land Access Movement of South Africa and others v Chairperson of the National Council of Provinces and Other 2016 (10) BCLR 1277 (CC) that the Restitution of Land Rights Amendment Act…
OVERVIEW ON THE ONUS AND APPROACH TO BE TAKEN BY CONSUMERS IN RESPECT OF METERING DISPUTES
The cost and metering of services supplied to residential and commercial properties are often disputed as consumers normally do not have direct insight or control in respect of the supply, metering and charges for water, electricity and other services supplied…
DEREGISTRATION AND REINSTATMENT OF COMPANIES AND CLOSE CORPORATIONS
A company or close corporation (for ease of reading we only refer to a company hereafter as the deregistration and reinstatement is the same, other than costs of filing and reinstatement which differ as set out below) may be deregistered…
AN OBJECTION TO THE REZONING OF A PROPERTY MAY IN CERTAIN CIRCUMSTANCES CONSTITUTE AN ABUSE OF THE RIGHT TO OBJECT
In terms of section 33 of the Town-planning and Townships Ordinance 15 of 1986, “(a)ny person may, within a period of 28 days from the date of the first publication of the notice ... lodge an objection with or make…
NEW PROPERTY OWNERS ARE NO LONGER LIABLE FOR HISTORICAL MUNICIPAL DEBT
In the recent case heard by the North Gauteng High Court, Chantelle Jordaan and Others v The City of Tshwane Metropolitan Municipality and Others, which judgment was handed down on 7 November 2016, it has been held that the provisions…
COMMUNITY SCHEMES OMBUD SERVICE ACT
The Community Schemes Ombud Service Act 9 of 2011 and regulations came into operation on 7 October 2016. For the first time in South Africa, legislation has been enacted with a view to the promotion of good governance for all…
ESTABLISHMENT OF A RESERVE FUND FOR SECTIONAL TITLE SCHEMES
Sectional title owners are used to contribute levies towards the body corporate’s administration fund, to cover the estimated annual operating costs for repair, maintenance, management and administration of the common property, including reasonable provision for future maintenance and repairs of…
EDUCATIONAL EXEMPTIONS TO NON-EXECUTIVE DIRECTORS OF ESTATE AGENCY COMPANIES
On the 20 June 2016 the Estate Agency Affairs Board (“EAAB”) announced that it will effective immediately allow for persons interested in becoming non-executive directors of “affected estate agency companies” to apply to the EAAB for the granting of an…
FOREWARNED IS FOREARMED – ESTATE RULES SHOULD BE READ BEFORE BEING AGREED TO
Estate developments and estate living are on the increase in South Africa as a means of promoting security and peace of mind. As a natural consequence of living within a designated communal area residents agree to live within the framework…