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The effects of the national lockdown due to Covid-19 on a parent’s right to have contact with their children
As the country is in national lockdown, parents who have been declared co-guardians and co-holders of parental rights and responsibilities have been left to wonder how they can exercise their care and contact rights. Initially when the lockdown started, on Thursday 26...
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Legal representation at CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) is intended to be a forum in which labour disputes can be speedily and efficiently decided with a minimum of legal formalities and procedure. There is a clear apprehension that the right to be...
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What are the conveyancing steps in the property transfer registration process?
Conveyancing is the legal process whereby a person, company, close corporation or trust becomes the registered and lawful owner of fixed property. Understanding the conveyancing process and ensuring that you have all the necessary documentation ready will ensure that...
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Children born out of wedlock – the rights of the biological father
If you were to ask the average person on the street who they think should make decisions on behalf of a child born out of wedlock, the most likely answer you would receive is the mother. The answer seems self-evident. Certainly a whole range of factors for...
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Divorce is a grim reality but the blow can be softened if you plan ahead
The harsh reality is that many marriages result in divorce and the hardship associated with that can be minimised if the appropriate marriage regime is selected. There are two options available in South African law, namely: marriage in community of property or...
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Leasing of commercial or industrial property and compliance certificates
Compliance certificates are mandatory for any property sale and the rules applied are the same irrespective of the residential or commercial use of the property. However, when leasing commercial property to be used as shops, office space or a factory, fit-outs are...
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Khayelitsha home owners access title deeds for the first time
A free advice centre is helping to facilitate formal residential property transactions in Cape Town’s largest township, Khayelitsha. The Transaction Support Centre (TSC) has engaged with over 300 residents to-date and provides buyers and sellers with critical services...
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Is buying property on auction a good idea?
Auction sales are on the rise in South Africa and have grown by a huge margin of 40% during the course of 2019. However, despite the trend, it would be wise to realise that buying a property on auction does not necessarily mean that you will always be getting a good...
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Discovering defects before taking property transfer
What happens when a buyer takes occupation of a property prior to transfer and then discovers defects that he didn’t know about? He then claims that the seller did not disclose these defects prior to the sale and demands a reduction in the purchase price. The seller...
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The Voetstoots clause and what it means for property buyers and sellers
A well-known term that every buyer and seller of immovable property may have encountered is that of the voetstoots clause. The term originates from Dutch and translates directly to ‘with the shove of a foot’. What the term in effect means is that the product, in this...
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