What will happen if you ignore a court order?
Ignoring a court order in South Africa is a serious matter that can lead to significant legal consequences, including being held in contempt of court. This article explores what happens when someone chooses to disregard a court order, focusing on the legal framework and potential outcomes. Legal definition and types of contempt Contempt of court […]
How a Latin phrase affected a recent property dispute case
In essence, the Latin phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According to the Prescription Act, a person can become the owner of property through prescription if they have possessed it openly as the owner for an uninterrupted period of 30 years, or for a period […]
The requirements for a registered office of a company
One aspect that is often not considered in great detail during the formation and registration of a juristic person in South Africa is its registered office, also often referred to as its registered address. Parties often opt to use a convenient location as a company’s registered address and do not give it sufficient consideration when […]
Formation of trusts in South Africa
A trust exists when the founder of the trust has handed over or is bound to hand over to another the control of property which, or the proceeds of which, is to be administered or disposed of by the other (trustee or administrator). Anyone who has the capacity to undertake contractual obligations or to make […]
Are you using your residential property for an unauthorised or illegal purpose?
Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for residential homeowners who utilise their homes for commercial purposes without […]
The NHI Bill: What to know
Regardless of socioeconomic background, all South Africans will have access to high-quality medical care through the National Health Insurance institution, which finances healthcare. As a result, all South Africans would have free access to high-quality healthcare services at accredited institutions like clinics, hospitals, and private medical practitioners. On 12 June 2023, the National Assembly approved […]
The ABCs of lease agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
Can you inherit from someone you have merely been living with?
In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]
Understanding your Rights: Breach and penalty clauses in property agreements
When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the transaction. Understanding these key provisions is essential for ensuring that the interests of both the buyer and […]
Neighbourly disputes: Legal solutions in South Africa
Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints to boundary issues. Understanding the legal avenues available can help in resolving these matters amicably and lawfully. Here, we explore three common scenarios and their legal resolutions. Scenario 1: […]