“Signs of the “Great Resignation” are ripping across South Africa” Business Insider report, 22 April 2022) The global pandemic-included “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our law views the whole question of employee resignation. A recent Labour Court decision gives some valuable guidance – …
THE “GREAT RESIGNATION” IS UPON US – KNOW THE LAW! Read More
“The said penalty … was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below) Municipalities all have the right (and duty) to regulate land use in their areas, and amongst other sanctions, properties that are used unlawfully or without authorisation can be subjected to …
Property Owners: Your Rates Could Quadruple For Unauthorised Land Use Read More
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old buy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable …
Property Owner and Body Corporate Liable After Child’s Electrocution? Read More
“Happiness is … buying your first home” (Anon) Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived! The financial bonus of course is …
“… a property is an asset to enhance economic activity, growth and development… ” (extract from preamble to the Property Practitioners Act) The Property Practitioners Act (“PPA”) finally comes into effect on 1 February 2022. It has major ramifications for everyone involved in the property industry, but in this article, we’ll concentrate only on aspects …
“It would this be prudent that a commercial lease agreement includes a clause dealing with the risk associated with vis major, casus fortuitus and the impossibility of performance.” (Extract from judgement below) The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively on many businesses, and there has been much uncertainty as to …
Can Your Tenant Claim a Lockdown Rental Remission? Read More
“Luck is what happens when preparation meets opportunity” (Lucius Annaeus Seneca the Younger, Roman philosopher) History has not recorded whether Seneca himself was “lucky” in the property market of his time (Rome’s land registration records from two millennia ago have unfortunately not survived the ravages of time and Imperial collapse) but these wise words are …
Selling Your Home: How to be Lucky This Holiday Season Read More
“[The Ombud] has been given wide inquisitorial powers whereby such disputes can be resolved as informally and cheaply as possible by means of qualified conciliators and adjudicators, without the need for legal representation, save in certain limited circumstances.” (Extract from first judgment below) If you have a dispute with anyone in a “Community Scheme” – …
COMMUNITY SCHEME DISPUTES AND THE OMBUD’S POWERS TO RESOLVE THEM Read More
“A great deal is at stake in the transfer of fixed property. It is generally the largest single asset that a person owns and the transaction for the purchase or sale of a fixed property is probably the most important contract undertaken by individuals” (Law Society of South Africa) For many of us, our home …
PROPERTY SELLERS: WHY, HOW AND WHEN TO CHOOSE YOUR OWN CONVEYANCER Read More
We find ourselves in the midst of a deadly pandemic, yet incredibly stats suggest that up to 80% of South Africans have no “Last Will and Testament” in place. We discuss firstly how and why leaving your loved ones a will as part of a full estate plan will protect them, in their hour of …
ESTATE PLANNING AND WILLS: A CHECKLIST TO PROTECT YOUR FAMILY Read More
