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Can foreigners own property in South Africa?

Can foreigners own property in South Africa?

Jul 25, 2023 | Conveyancing and Property Law, Immigration Law

The South African residential property market is increasingly showing favourable returns for foreign investors. In light of the above, questions arise on the requirements governing foreigners and the purchase of property in South Africa, and the legal requirements and...
How to escape joint liability under a mortgage bond

How to escape joint liability under a mortgage bond

Mar 29, 2023 | Conveyancing and Property Law

Entering into a mortgage bond with a co-applicant, such as a partner, family member or friend, is not an uncommon scenario. However, the question arises as to how a joint bond may be terminated in the event that a person no longer wishes to be jointly bound....
HOA disputes: avenues of resolution for the aggrieved resident

HOA disputes: avenues of resolution for the aggrieved resident

Jul 5, 2022 | Conveyancing and Property Law, Litigation and Dispute Resolution

As the landscape of South Africa develops, an ever-increasing number of people are moving into estates, complexes, and other gated communities. Others, who may just be entering the housing or rental market, are moving into apartments or flats within a sectional title...
What are the costs involved in buying and selling immovable property?

What are the costs involved in buying and selling immovable property?

Apr 7, 2021 | Conveyancing and Property Law

The process of buying or selling property can be rather overwhelming, more so, when you do not know what to expect. Below is a list of expenses which may arise for both the seller and purchaser to assist you in preparing for the unknown. The buyer is liable for:...
Transfer of immovable property following divorce

Transfer of immovable property following divorce

Feb 23, 2021 | Conveyancing and Property Law, Family Divorce and Matrimonial Law

In respect of immovable property, it is important to note that the divorce order merely records that the party/parties are entitled to a full or half share in the immovable property. Thereafter, transfer of the applicable share in terms of the divorce order, must be...
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  • Is your Will valid?
  • The importance of proper recordkeeping in commercial recoveries
  • The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
  • Can foreigners own property in South Africa?

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Criminal Law

  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.
  • Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
    The Constitutional Court ruled that cannabis is legal in South Africa.

Debt Collection

  • The importance of proper recordkeeping in commercial recoveries
  • What to do when a client owes you money
    debt recovery for a business
  • Commercial recoveries: choosing the right court
    Commercial debt recovery enables a business to recover outstanding debt, plus interest and incurred costs from a debtor.
  • Emoluments attachment orders
    An Emoluments Attachment Order is a debt collection process whereby the judgment creditor can deduct part of the salary of the judgment debtor.
  • How the National Credit Act impacts the in duplum rule
    Debtors must be mindful of debts and the implications of the in duplum rule.

Family, Divorce and Matrimonial Law

  • Sections of the Divorce Act declared unconstitutional
  • Relocation and obtaining consent to travel with your child
    You must have consent to travel with child before relocating or going on holiday.
  • The Hague Convention and international child abduction
    child abduction
  • Are you in an abusive marriage or relationship?
    Abusive relationship
  • Reasons for the breakdown of a marriage
    Grounds for divorce in South Africa

Litigation and Dispute Resolution

  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa
  • The importance of having a decent lease agreement
  • The benefits of arbitration

Insolvency Law

  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?
  • The body corporate, unpaid levies, sequestration and the rights of creditors
    The body corporate must prove that a sequestration order will be advantageous to the entire body of creditors.

Labour and Employment Law

  • Disciplinary action based on an employee’s social media conduct
    Disciplinary action based on an employee’s social media conduct
  • Solidarity Trade Union and Dis-Chem’s transformation policy
  • Unfair labour practices in the workplace
    Unfair labour practices in the workplace
  • How Labour Law treats racism in the workplace
    The consequences pertaining to racism in the workplace may be severe should an employer or employee be found guilty.
  • Impact of COVID-19 on the workplace
    As a direct result of the lockdown, many businesses are currently unable to conduct operations.

Litigation and Dispute Resolution

  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa
  • The importance of having a decent lease agreement
  • The benefits of arbitration

Corporate and Commercial Law

  • The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
  • Conflicting interests between directors and companies
  • Protection of minority shareholder rights in South Africa
  • The importance of having a proper shareholders agreement
    A shareholders agreement details how a company should be operated.
  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company

Criminal Law

  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.
  • Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
    The Constitutional Court ruled that cannabis is legal in South Africa.

Insolvency Law

  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?
  • The body corporate, unpaid levies, sequestration and the rights of creditors
    The body corporate must prove that a sequestration order will be advantageous to the entire body of creditors.

Litigation and Dispute Resolution

  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa
  • The importance of having a decent lease agreement
  • The benefits of arbitration

Maritime and Shipping Law

Regulatory Law

  • The Voetstoots clause and what it means for property buyers and sellers
  • Latent defects: when is the Consumer Protection Act applicable?
    When a latent defect is present, it means that the product lacks the quality promised in terms of the sales agreement.
  • The Voetstoots clause and property sale agreements
    The Voetstoots clause means that property is sold 'as is'.
  • Restaurants: can they charge a non-refundable deposit for reservations?
    Restaurant booking fees are legal and non-refundable within certain conditions.
  • How the National Credit Act impacts the in duplum rule
    Debtors must be mindful of debts and the implications of the in duplum rule.
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