Property Owners, Buyers and Agents: Check for the Title Deeds Before 25 February!

Legal
The last thing you want in any property transfer is any more delay and cost than is already built into the process.  Unhappily, that is exactly what is in store if the property’s original title deed is for any reason not to hand. Whether it has been lost or destroyed, you will need your conveyancer to apply for replacement with a certified copy from the Deeds Office. And whereas that is currently a pretty straightforward procedure with minimal delay and cost, that is set to change shortly. We’ll share with you all the details and we’ll give you a plan of action, but beware – your window of opportunity here is a narrow one! Imagine that you sell your house/apartment/office/factory/plot of land and you thereafter instruct your conveyancer to pass transfer to…
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Private Schools and Parents Behaving Badly – the Expulsion Option

Legal
Here’s a recent Supreme Court of Appeal decision of A B and Another v Pridwin Preparatory School and Others (1134/2017) [2018] ZASCA 150 which is of importance and interest to all schools, parents and learners. It deals with a school’s attempt to cancel a parent contract (effectively expelling two young learners) after the parents created a “toxic and intolerable atmosphere” in the school with an eight-month spree of bad behaviour and expletive-rich abuse, mostly at school sporting events. In brief, the Court measured the school’s contract and conduct against its constitutional obligations towards both the learners and all the other affected parties, and against the over-riding principle that the interests of the child are always paramount. Importantly, this case involves not a state-controlled public school but a private school (private schools being recognised in…
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Proving Your Claim in a Liquidation or Sequestration – When You Should, and When You Shouldn’t

Legal
Having to write off bad debt is one thing – having to pay in even more money for the privilege is just adding insult to injury. Yet that is exactly the danger you face if one of your debtors is sequestrated or liquidated (we start off by explaining the different terminology) and you prove your claim without considering the “danger of contribution”. What is that? How does it arise? What if you are a petitioning creditor or hold security for your claim? How can you protect yourself from having to contribute? Read on for the answers… The background You are owed money by a debtor, whose insolvent estate is sequestrated (in the case of an individual or trust) or liquidated (in the case of a company or other corporate). The Master…
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