Sectional titles: What is the role of the body corporate?

Sectional titles: What is the role of the body corporate?

Comments 0 Comment

When it comes to sectional title schemes, there is still widespread misunderstanding of even the basics, starting with the body corporate and how it is established, as well as what its functions and powers are. This misunderstanding often gives rise to many problems and disputes in sectional title schemes which could quite easily have been avoided. What is a sectional title? A Sectional Title Development Scheme, usually referred to as a “scheme”, provides for separate ownership of a property, by…

Read More Read More

What is the sale agreement?

What is the sale agreement?

Comments 0 Comment

Whenever you buy or sell a house you will encounter the sale agreement, which is also called an “offer to purchase”. This is a contract between a buyer and seller and covers the terms and conditions governing the sale of the property. Buying or selling a house can be stressful and sometimes confusing, however, the sale agreement doesn’t have to be. An agreement of sale is a written agreement signed by both the buyer and the seller (and also by…

Read More Read More

Properly executing a will is extremely important

Properly executing a will is extremely important

Comments 0 Comment

I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. My neighbours signed the will on all the pages and left before I signed. I then signed the will on all the pages. I am…

Read More Read More

When is a gas certificate required?

When is a gas certificate required?

Comments 0 Comment

Rising electricity costs, as well as an increase in the popularity among South-African homeowners to utilise gas installations in their homes led to gas regulations being introduced in 2009. According to the Pressure Equipment Regulations that have been promulgated under the Occupation Health and Safety Act (No 85 of 1993), all gas installations must have a Certificate of Conformity. Click here to download PDF This article is a general information sheet and should not be used or relied on as legal…

Read More Read More

When is an electricity certificate required?

When is an electricity certificate required?

Comments 0 Comment

An electricity certificate is a document that verifies that the electrical installations in a home comply with the legislated requirements detailed in the Occupational Health and Safety Act. This certificate is required when an electrical installation is intended for use or lease by a user or lessor. Click here to download PDF This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors…

Read More Read More

What is considered sexual harassment in the workplace?

What is considered sexual harassment in the workplace?

Comments 0 Comment

Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. According to the Commission for Conciliation, Mediation and Arbitration (CCMA), sexual attention becomes sexual harassment if: a.  The behaviour is persisted in, although a single incident of harassment can constitute sexual harassment; and/or b.  The recipient has made it clear that the behaviour is considered offensive; and/or c.  The perpetrator should have known that the behaviour…

Read More Read More

How can I evict my tenant lawfully?

How can I evict my tenant lawfully?

Comments 0 Comment

You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate the lease contract and evict the tenant. Are you allowed to do that and how do you get started? Firstly, there has to be valid reasons to evict a tenant, such as the example above. Even if you do have a valid reason to pursue eviction, a legal process has to be followed if…

Read More Read More

Safeguarding children’s rights during divorce

Safeguarding children’s rights during divorce

Comments 0 Comment

Divorce and the resulting challenges regarding child custody and the responsibilities of parents can be an ugly and difficult process. This is especially true of the children whose emotional and physical wellbeing would have to be taken into account during the entire process. However, the office of the Family Advocate offers an efficient and free service with the wellbeing of the child in mind. The Family Advocate (FA) manages disputes regarding the responsibilities and custody of children during and after…

Read More Read More

I bought something that doesn’t work

I bought something that doesn’t work

Comments 0 Comment

Sarah buys furniture from Mark who promised her that the furniture is of good quality. However, he doesn’t notify her about problems with the furniture. Later, Sarah discovers that some of the chairs she bought have faulty joints, meaning they can’t be used properly. This is what’s called a latent defect and Sarah will be able to claim from Mark for the furniture not fulfilling its purpose. A patent defect or a latent defect? A patent defect is when there’s…

Read More Read More

The basics of Estate Duty

The basics of Estate Duty

Comments 0 Comment

When a person dies, they leave behind an estate which includes everything they own. Estate Duty is payable on the estate of every person who dies and whose net estate is in excess of R3,5 million. It is charged at the rate of 20%. Should your Estate be R30 million or more the Estate duty will be 25%. How does an estate get reported to SARS? Even if Estate Duty does not apply to you, it is still necessary to inform SARS…

Read More Read More