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Rule 43 applications in South Africa: A crucial mechanism in divorce proceedings
Divorce is often a turbulent and emotionally charged process. For couples in South Africa, navigating through the legal aspects of divorce can be particularly challenging, especially when disputes over finances and childcare arise. Rule 43 of the Uniform Rules of...
Notarial authentication of documents by a Notary Public in South Africa
The process of notarial authentication of documents is an essential legal service offered by a notary public. Whether one is emigrating, engaged in an international transaction, or has interests abroad, notarial authentication of documents is required by certain...
Notary services: when do I need them?
A Notary Public is a specialist attorney who is legally empowered to officially witness signatures, administer oaths, certify the validity of documents, and perform a wide range of administrative functions of national and international nature, including the drafting...
What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
The legal steps to evicting a non-paying client are governed by the Rental Housing Act 50 of 1999, the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998, and the Consumer Protection Act 68 of 2008. The law that governs landlord-tenant...
Understanding tenants’ rights and penalties for early lease termination in South Africa
A tenant wants to break their lease agreement early due to a job relocation, but the landlord insists on enforcing the full term of the lease. What are the tenant's rights under South African law if they need to terminate a lease early due to a job relocation, and...
Rates Clearance Certificates: What you need to know
When selling your property, it is necessary for the conveyancer to obtain a rates clearance certificate (RCC) from the relevant local authority, or municipality, before transfer can be registered in the Deeds Office. Why is it necessary to obtain a rates clearance...
Discovering defects before taking property transfer
After signing an offer to purchase, a buyer will often take occupation of the property before registration of transfer has been affected into their name. Upon moving in, the buyer may find defects in the property that they were not made aware of by the seller prior to...
High Value Goods Dealers now accountable under FICA
Schedules 1 and 3 of the Financial Intelligence Centre Act 38 of 2001 (“FICA”) were amended during December 2022 to include High Value Goods Dealers in the definition of ‘accountable institutions’. A transition period for the amendments was granted for 18 months,...
Understanding suretyship agreements in South Africa: Legal requirements and their importance
Suretyship agreements are pivotal in the financial and legal sectors of South Africa, providing security guarantees through a third party, the surety, who agrees to meet the obligations of a debtor if needed. Legal basis and requirements of suretyship agreements In...
The power of shareholders to remove directors in South Africa: Legal framework and processes
In South Africa, the Companies Act of 2008 sets out the legal framework that enables shareholders to remove directors from a company's board. This mechanism is vital for maintaining accountability and ensuring that the directors align with the strategic objectives and...