Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?
Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for residential homeowners who utilise their homes for commercial purposes without […]
Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]
The Dos and Don’ts for Landlords Regarding the Rental Housing Act
In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, […]
Can a Testator Disinherit Their Surviving Spouse?
The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse’s estate upon the marriage ending due to death. This claim lasts until the survivor’s death or remarriage and factors in estate value, the survivor’s financial circumstances, marriage duration, living standards, and age. It is widely recognised […]
Neighbourly Disputes: Legal Solutions in South Africa
Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints to boundary issues. Understanding the legal avenues available can help in resolving these matters amicably and lawfully. Here, we explore three common scenarios and their legal resolutions. Scenario 1: […]
The Intent to Revoke a Last Will and Testament
The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire to revoke their will and draft a new one. However, the court found that the necessary intent to revoke was absent, emphasising the importance of complying with the Wills […]
When is it worthwhile to pursue litigation in South Africa?
Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa facing legal disputes, the decision to pursue litigation should not be taken lightly. In this article, we explore when it is worthwhile to pursue litigation. How strong is your […]
Can foreign judgments be enforced in South Africa?
A judgment granted by a foreign court is not directly enforceable in South Africa but constitutes a prima facie proof of debt (the clearest possible proof of debt). One would still need to institute an action from the South African court based on the foreign judgment. The Enforcement of Foreign Civil Judgments Act 32 of […]
Responsibility to maintain and repair foundations and boundary walls in a sectional title scheme
This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order to establish who must maintain what in sectional title scheme developments. Many residential developments in South Africa are established in terms of South Africa’s sectional title scheme legislation. Residents […]
The truth about driving under the influence
Uncover the truth about driving under the influence (DUI) in South Africa. Learn about the strict laws, legal limits, and severe penalties for offenders. Find out how to estimate your blood-alcohol concentration and make responsible choices for safer roads. This is your guide to prioritising your safety and the safety of others, helping you avoid […]