Legal

History has not recorded whether Seneca himself was “lucky” in the property market of his time (Rome’s land registration records from two millennia ago have unfortunately not survived the ravages of time and Imperial collapse) but his wise words are as true today as they were then. The two key elements of a “lucky” sale To be “lucky” in finding the right buyer at the right price you need two key elements – Opportunity: Our Holiday Season is always a prime time to find the perfect buyer, and with our current low interest rates and reports of house prices soaring…

New parents, married or not, are obliged by the Births and Deaths Registration Act (“the Act”) to register their child’s birth with Home Affairs within 30 days. However in regard to the actual process of giving this “notice of birth”, the Act has always distinguished between married and unmarried parents. In particular, unmarried fathers have until now been unable to register the child under their own surname except with the mother’s permission. Given the importance - to the child, to the parents and to their wider families – of what surname is entered into the population register, it is perhaps…

For suppliers of goods or services, incorporating a strong, clearly worded exemption clause (a clause excluding or restricting your liability to the customer) into your contracts is an essential part of risk management. Just be aware of the restrictions that our laws place on them. As a recent Supreme Court of Appeal (SCA) judgment shows, your first hurdle in enforcing a disputed exemption clause could be to convince a court that the consumer did in fact contract on the basis of that condition – “In fine print” and “not conspicuously legible” – so not part of the contract A shipping…

“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against its employees who are guilty of such conduct. South Africa is a country plagued by a history of racism and violence and social media plays a significant role in the incitement of racial hatred and violence. The power of such posts on social media inciting…

If you have a dispute with anyone in a “Community Scheme” - sectional title, Homeowners Association (HOA) or the like - remember that your first port of call should be the CSOS (Community Schemes Ombud Service). What disputes can the Ombud resolve? Disputes are inevitable in any community situation, with sources of conflict ranging from noise issues to problem pets, common area usage disagreements, parking space complaints and so on – the list is endless. Another perennial battleground is owners fighting with administrators (normally a body corporate or Homeowners Association) over levies, rules and regulations, and the like. The Ombud’s…

As the Covid-19 pandemic continues to wreak havoc around the world, an increasing number of businesses find themselves walking a tightrope between their obligations to, on the one hand, both protect the public and provide a safe and healthy workplace, and on the other hand to respect the individual constitutional rights of employees to make their own choices in matters of bodily and psychological integrity, religion, belief and opinion. These deeply conflicting rights and obligations have left employers asking themselves questions like: “Must we insist on our employees having the vaccination to protect their colleagues, our visitors, our customers and…

A recent High Court judgment in Democratic Alliance v Minister of Home Affairs and Others (48418/2018) [2021] ZAGPPHC 500 has confirmed that you will lose your South African citizenship if you apply for citizenship of any other country without prior Ministerial permission. It is irrelevant whether you are South African by birth or not. It is also irrelevant why you want to acquire dual citizenship - perhaps you are living/working overseas, perhaps you want a second passport just to make travelling easier, perhaps you have financial reasons. How and why you lose your South African citizenship Dual citizenship itself is…

Amazingly, here we are in the middle of a deadly pandemic yet still some 70% – 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed When you die your grieving family must start learning to cope without you, don’t expose them to the added uncertainty and worry that they will face if you haven’t left in place a valid will (often referred to as a “Last Will and Testament” to distinguish it from a “Living Will”). Without a will, your estate will…

“Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords understand the need to tread carefully whenever the issue of eviction arises. They are required to comply fully with the provisions of PIE (the “Prevention of Illegal Eviction and Unlawful Occupation of Land Act”) – certainly achievable but never to be taken lightly. Bear in mind that a court order is required before eviction, with additional restrictions applying during the pandemic lockdowns. A recent Supreme Court of Appeal (SCA) decision of Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 shows just how energetically…