Advice &amp; News

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2021 Year-end wrap up: Jansen Snyman

Dear Clients, Colleagues and Friends. We’ll remember 2020 as the year the world as we knew it was turned on its head. For most of that year we looked, in the words of Mark Twain, like an envelope without an address.

November 30, 2021

What is a stipulatio alteri?

A stipulatio alteri is a clause that provides rights and benefits to a third party. In case law (Loggenberg NO v Maree (286/17) 2018 ZASCA 24), the typical stipulatio alteri is defined as a contract for the benefit of a third party.

November 30, 2021

A closer look at section 29 of the FIC Act

In an earlier article on the Financial Intelligence Centre Act (FICA), we explained that the main objective of the Act is to combat money laundering and the financing of terrorist activities. In this article, we’ll continue the discussion in terms of the duty of accountable institutions to report suspicious transactions to the Finance Intelligence Centre (FIC).

November 30, 2021

A closer look at section 28 of the FIC Act

In South Africa, money laundering describes any activity in which money that originates from illegal activity is concealed. To combat this illegal process, South African law has implemented control measures aimed at assisting in its detection and investigation.

October 28, 2021

The Makuleke Community Land Claims

During the apartheid years, several communities, including the Makuleke community, were forcibly removed from their land in order for it to be assimilated into the Greater Kruger National Park.

October 28, 2021

Transfer of a property and provision for mistakes

It’s an unfortunate reality that mistakes do sometimes occur in deeds and documents during the transfer process. Fortunately, however, the Deeds Registries Act makes provision for mistakes of this nature to be rectified.Major errors Major errors are mistakes linked to the transfer of ownership and related dealings like the registration or cancellation of bonds. Let’s say, for example, a client purchases property A but instead receives property B, while another client purchases property B but instead receives property A. In this instance, a rectification transfer is required that must clearly

October 28, 2021

The importance of a signed OTP

The Alienation of Land Act (ALA) clearly states that the validity of an Offer to Purchase (OTP) depends on the contract for the sale of immovable property being in writing and signed by the concerned parties or their authorised representatives acting on their written instruction. And the importance of signatures on an agreement of sale has once again been highlighted by a recent decision handed down by the Gauteng Local Division of the High Court in Johannesburg.

September 28, 2021

The concept of control in the juristic world

Disputes or issues around decision making in a company very often involve the question of control – and it’s likely that the decision maker is the one who controls the company.

September 28, 2021

Customary marriages and ownership of immovable property

Recognition of customary marriages in South Africa has undergone several shifts over the years through the implementation of new legislation. This has impacted not only the legal status of the parties to a customary marriage but also their ownership of and rights to matrimonial property.

September 28, 2021

Court ruling: The Subdivision of Agricultural Land

In a recent decision of the Appellate Division in Bloemfontein, in the matter of Maxrae Estates (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries and Another (407/2020) [2021] ZASCA 73 (9 June 2021), the court made it clear that the executive must apply its mind prior to making decisions or exercising its legislative discretion.

August 30, 2021

Court ruling: Continued Marketing and impact on occupation

In the matter of Fulsome Properties (Pty) Ltd v Selepe and Others held recently at the High Court of South Africa, Gauteng Division, Pretoria, Fulsome Properties (Pty) Ltd (the applicant) requested an urgent interdict to restrain the first and second respondents (Fiona Gontse Selepe and Lentse Investments) from communicating and interfering in any manner whatsoever with the applicant’s tenant(s) residing at the property in question.

August 30, 2021

Rules Board Regulates Non-litigious Fees

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

August 30, 2021

SPLUMA certificates required for property transfers in Mpumalanga

SPLUMA stands for the Spatial Planning and Land Use Management Act, and SPLUMA certificates are governed by the act together with the by-laws of each local municipality.

July 28, 2021

Defunct Homeowners Associations and Consents to Transfer

Title deeds of cluster developments commonly contain a condition which states that alienation or transfer of a property by the owner is not allowed unless consent from the Homeowners Association (HOA) is provided. Usually inserted by the relevant local authority when approving the cluster development, this type of condition also confirms that all subsequent owners of the property automatically become members of the HOA.

July 28, 2021