Important steps for the transfer of property
The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and bond attorneys, […]
How to rescue your business
Is your company experiencing financial strain? Are creditors breathing down your neck? Business Rescue proceedings may be a solution to your problems. Business Rescue is an approach that is governed by the Companies Act 71 of 2008 (“the new Companies Act”) with the aim of assisting companies which are experiencing financial strain and are unable […]
How do I get copyright on something?
Whenever someone creates a piece of original work based on their own idea, they are automatically granted copyright on that creation. This includes work produced by authors, musicians, computer programmers, artists etc. Once someone has taken their idea and turned it into material form, they will immediately own the copyright on their work without having […]
The A, B and C of service of legal documents
How are legal documents supposed to be served, and what is regarded as invalid service? Purpose of service of legal documents: The fundamental rule with regards to service is that the court must be satisfied that the defendant or respondent has received these documents and is therefore aware that legal proceedings are being brought against […]
Determining the grounds for informed consent
If a person gives consent without acknowledging, understanding and considering their rights beforehand, is their consent legal and permissible in court? In eviction proceedings, it is questioned whether the granted eviction order may be cancelled after the unlawful occupiers had allegedly consented to it. Occupiers of erven 87 & 88 Berea v Christiaan Frederick De […]
Gearing up for POPI compliance
The Protection of Personal Information (POPI) Act will soon be tabled in parliament. The POPI Act outlines how companies may collect, handle, store and discard the personal information of others. The new regulations come with heavy penalties for those that fail to comply. POPI can only commence once the Information Regulator is operational. Once the […]
Is your business POPI compliant?
POPI refers to South Africa’s Protection of Personal Information Act which seeks to regulate the Processing of Personal Information. What is Personal Information? Means any information relating to an identifiable, living natural person or juristic person (companies, CC’s etc.) and includes, but is not limited to: Contact details: email, telephone, address etc. Demographic information: age, […]
Estate agents commission
Selling a home is one of the biggest financial decisions a person can make and an estate agent, to whom commission will be payable, is usually involved in this process. A problem that frequently occurs in practice and which is not easy to solve is whether an agent was in fact instrumental in bringing about […]
What happens after your house has been burnt to the ground?
There are definite steps that a homeowner will need to take if he ever has the traumatic experience of having his house burnt to the ground. Over and above all the emotional and financial tension it causes in a person and his family, there will be several steps that a homeowner will need to take […]
How to change your marital status to another form of marriage contract
Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system which applies to their marriage. Requirements The decision in Lourens et Uxor 1986(2) SA 291 (C) sets out guidelines that the courts follow with regard to applications in […]