PART 1: Advocates vs. Attorneys – What Is the Difference?
When faced with a legal issue or dispute many individuals want to know and understand the difference between an attorney and an advocate. This curiosity is understandable as it may seem like they do the same work. While there are some similarities between these legal practitioners there are also substantial differences. This article will discuss […]
Unlawful Arrests and Your Rights
In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, […]
What Role Do Homeowners’ Associations Play in Shared Developments?
Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, the legal framework surrounding HOAs can be complex, involving legislation such as the Sectional Titles Schemes Management Act of 2011. In addition to managing disputes and enforcing rules, HOAs […]
Get paid on time: Five tips for business owners
Small businesses can master the skill of getting paid on time – here’s how. For small and medium businesses, getting paid on time is one of the biggest administration headaches. After all, when customers don’t pay on time, cash flow takes a knock and you need to borrow money to pay suppliers and service providers. […]
Renting vs buying: The pros and cons
In a lowering interest environment, tenants are reconsidering their priorities. Driven by reduced interest rates and more lenient loan criteria, tenants are starting to have their sights firmly set on owning a home. While many – particularly the ‘millennial generation’ – chose to travel and live more ‘freely’ in the past, priorities have since changed. […]
How to register your business in South Africa: A step-by-step guide
Registering a business in South Africa is essential to ensure your company operates legally and complies with local regulations. The process can be straightforward if you follow the proper steps. Here’s a guide to help you through the registration process. Step 1: Choose your business structure The first decision you’ll need to make is the […]
How the new Expropriation Act Shapes Land Acquisition in South Africa
President Cyril Ramaphosa recently signed the Expropriation Act into law, replacing a 50-year-old statute and providing a clearer framework for expropriating property in South Africa. This Act, which aligns with Section 25 of the Constitution, outlines how the government can acquire land for public purposes, with an emphasis on fair compensation for property owners.While the […]
Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]
Claiming Ownership Through Acquisitive Prescription
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through […]
Property Ownership Transfer and the Abstract Theory
South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as the curator of Mrs Shea’s estate because she […]