LATEST NEWS
OUR ATTORNEYS WEIGH-IN
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...
Optimising director strategies during provisional liquidation in South Africa
When a South African company faces provisional liquidation, it's a pivotal moment filled with challenges yet also, ripe with strategic opportunities. This phase is crucial, not just for the survival of the company but also for directors to navigate legal complexities...
New divorce law comes into effect for Muslim marriages
The Divorce Amendment Bill has been signed into law, bringing changes to Muslim divorces in South Africa. Divorce Act was unconstitutional The amendment to the Divorce Act of 1979 follows a ruling by the Constitutional Court in the case of Women’s Legal Centre Trust v...
Hague Abduction Applications: Seeking the return of children wrongfully removed or retained
The Hague Abduction Convention on the Civil Aspects of International Child Abduction of 1 December 1983 (“Hague Abduction Convention”) is a multilateral treaty that makes provision for the expeditious return of a child. This is applicable to those children who were...