Advice &amp; News

Property Transactions and Married Foreign Nationals

In a recent article, we looked at the question of whether foreign nationals are permitted to own property in South Africa. A related question is what happens when a foreign national, who has entered into a marriage outside of South Africa, wishes to buy or sell property. Let’s take a look.

March 25, 2021

Foreign property ownership in South Africa

Can foreign nationals own property in South Africa? The short answer is yes. But before we explore this topic in any detail, let’s first define what we mean by foreign national – someone who is a non-resident, meaning that they are neither ordinarily resident nor meet the requirements of the physical presence test.

February 24, 2021

Non-resident sellers: Make sure you comply with SARS requirements

Non-resident property sellers should be aware of the requirements of section 35A of the Income Tax Act 58 of 1962. The section stipulates that an amount equal to 5% (individuals), 10% (companies) or 15% (trusts) of the proceeds of a sale of immovable property must be withheld and paid over to SARS within 14 days after “the date on which the amount was so withheld” – this is typically the date of registration of transfer. An exception is if the parties agree that the purchase price be paid before registration, in which case the 14 days will be calculated from such payment date.

February 24, 2021

Power of Attorney: Can it lapse?

A power of attorney is a useful tool that can be used in many situations. For example, an elderly parent who, due to their age, finds it difficult to attend to their affairs may decide to grant power of attorney to their adult child.This legal document allows an individual (the principal), who has full contractual capacity to manage their affairs, to appoint someone (the agent) to perform certain acts on their behalf. Many people don’t realise that a power of attorney can automatically lapse. As an agent can only do what a principal can do legally, a power of attorney automatically lapses w

February 24, 2021

Court's View on Alienation of Private Water Rights in Rainy Season

Water use in South Africa is mainly regulated in terms of the National Water Act 36 of 1998 (Water Act). The Water Act clearly states that water is a scarce and unevenly distributed resource and that Government has a responsibility to manage water use and distribution in a sustainable way to the benefit of all users. Water is a natural resource that belongs to all people, and to achieve sustainability and equality, and to protect our water resources, Government must manage the use and distribution thereof.

January 31, 2021

Cheques are a thing of the past

In a statement issued late last year, the South African Reserve Bank informed the public that, “the issuing and the acceptance/collection of cheques will cease, effective from 31 December 2020.” At the time, most banks had already begun phasing out this form of payment, with clients making use of cheaper, more convenient electronic payment methods.

January 29, 2021

How does divorce affect transfers in the case of joint ownership?

The end of a marriage can result in several administrative challenges, not least of which is tackling the joint ownership of immovable property. And while divorce can be a traumatic and emotional experience, with the proper legal advice, the transfer of ownership doesn’t need to be.

January 29, 2021

Why identifying the ultimate beneficial owner matters

In the past, detecting funds from unlawful activities as they entered the financial system was relatively straightforward. These days it's not as easy.

January 29, 2021

A closer look at bank assisted sales

A bank assisted sale (or distressed sale) is the sale of the owner’s property with the assistance of the bond holder (the bank). Contrary to popular belief, the bank doesn’t sell the property but rather assists the owner with the sale in order to limit damages for all relevant parties.

December 11, 2020

Electronic signatures in South Africa

There’s an ongoing discussion in the commercial world, especially in property law, around the types of documentation that can be signed electronically.

December 11, 2020

Do you need a gas compliance certificate?

If you’re selling a property with a gas installation, a certificate of conformity will need to be obtained before transfer of the property. This certificate is issued in terms of Regulation 17(3) of the Pressure Equipment Regulations and has to be issued by an authorised person.

December 11, 2020

Legal victory for heterosexual life partners

In the recent decision of Bwanya v The Master of the High Court and others, the court discussed the legal status of heterosexual life partners, specifically the rights of a surviving life partner to the proceeds of a deceased partner’s estate.

December 3, 2020

Land Claims' Impact on Mortgage Bond Registration

When it comes to commercial lending transactions, the lender – usually a commercial or corporate division of a bank – may require confirmation that there are no land claims in process in respect of the property or properties that will form part of the security to be registered in the lending structure.

December 3, 2020

Comment on the Expropriation Bill, 2020

This article seeks to highlight some aspects of expropriation of land by looking at the current section 25 of the Constitution and the Expropriation Bill 2020, issued by the Department of Public Works and Infrastructure.

December 3, 2020