Notice of office relocation and updated business address
We like to advise you that CMM Attorneys Inc. are relocating to a new office. This decision comes as part of our continuous efforts to improve our facilities and streamline our business operations. We deeply value the collaboration we have established over the years, and we want to ensure that this relocation does not disrupt […]
Mediation v Arbitration: What Is the Difference? PART 2
As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full […]
Claiming Ownership Through Acquisitive Prescription
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through […]
The Costs of Deceased Estates Explained
An important function of an executor, the person who is appointed by the Master of the High Court to administer a deceased estate, is to account for the liabilities in the estate of the deceased. Keep in mind that only once the liabilities in the estate have been discharged can the heirs receive their inheritances. […]
Understanding Subpoenas: A Focus on Magistrates’ Courts – Part 2
People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena” which states that they should attend and give evidence at a trial or that they should produce a document or thing. In this article, we will discuss […]
Does a Settlement Agreement Constitute a Credit Agreement?
In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). The court’s decision, which emphasised the importance of preserving the amicable resolution of disputes, shed light on the intricate interplay between settlement […]
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA)(1) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA […]
Understanding Homeowners Associations (HOAs)
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development schemes. Although homeowners own their individual properties, the HOA maintains and oversees communal infrastructure, such as roads, security systems, […]
Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?
Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts. This means, there are approximately 10 million people who are three months or more behind on debt repayments. This article […]
Navigating Subpoenas in Magistrates’ Courts: Part 1
People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena”, which states that they should attend and give evidence at a trial or that they should produce a document or thing. This will be a two-part series […]