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Monday | 06 September | 2021 When a lessee dies in asn old-age home without giving notice

By Sanette Viljoen Facts: Susan has been living in an old-age home for the past five years. On 5 January she was admitted to hospital. On 29 January Susan died in hospital. The home now demands rental for January and also for February because the lease between Susan and the home stipulates that Susan must  … Read more

Monday | 06 September | 2021 What can shop owners do when beggars harass their clients?

By Sanette Viljoen It often happens that homeless people beg outside shopping centres. These homeless people are also inclined to harass and even intimidate clients. As a result of this shop owners lose customers. What can the owner of a centre or shop do? May he forbid these beggars to enter his centre or stand  … Read more

Monday | 06 September | 2021 Moving in together? Cohabiting vs legal marriage, property

By Anja van den Berg Cohabiting before marriage – and even opting to live together instead of getting married at all – is becoming commonplace. Many cohabiting partners are looking to purchase property together, often as first-time buyers. Gerhard van der Linde, managing director for Seeff Pretoria East, says that buying property with your spouse  … Read more

Monday | 30 August | 2021 Auctions – what you want to know

By Melodie Veldhuizen The rules and procedures of all auctions must comply with the provisions set out in section 45 of the Consumer Protection Act (No. 68 of 2008) and the regulations applicable to auctions. Registration procedure All prospective bidders must register online and pay a registration fee as no bid by an unregistered person  … Read more

Monday | 30 August | 2021 May I sell a house before the estate has been administered?

By Sanette Viljoen Facts: Sarah’s husband has died. His will stipulates that Sarah, the surviving spouse, inherits the house. Must Sarah pay the transfer costs to register the house in her name? May Sarah sell this house before the estate has been administered? Will the sale then be between the buyer and the estate and  … Read more

Monday | 23 August | 2021 Can parties agree to agree later?

By Sanette Viljoen Facts: John wants to rent his neighbour Peter’s land. John and Peter, however, cannot agree on the rental. John first wants to see if it’s going to rain and whether he is going to get a good harvest before he can determine how much rental he can pay. May John and Peter  … Read more

Monday | 23 August | 2021 Stopping someone who owes me money from leaving the country?

By Sanette Viljoen There used to be a procedure in South Africa known as arrest tanquam suspectus de fuga for arresting and detaining a person pending an application for security for debt. In the case of Malachi v Cape Dance Academy International (Pty) Ltd and Others 2010 (11) BCLR 1116 (CC) the Constitutional Court dealt  … Read more

Monday | 16 August | 2021 How can I get rid of a trust beneficiary?

By Sanette Viljoen Approximately 95% of trusts in South Africa are discretionary family trusts. Such a discretionary trust is distinguished from a trust, where the beneficiaries have established rights to receive a certain portion of the profit and capital of the trust. The most common trust or family trust is a discretionary trust. In the  … Read more

Monday | 16 August | 2021 Did AARTO points system take effect on 1 July as planned?

By Sanette Viljoen Currently the new AARTO points system and its implementation is creating a lot of confusion among the public. Everybody expected the system to take effect on 1 July 2021. However, the Minister of Transport, Fikile Mbalula, confirmed on 1 July 2021 that the system will not take effect as planned. On 1  … Read more

Monday | 02 August | 2021 Prescription of municipal debt

By Sanette Viljoen The Prescription Act (Act 68 of 1969) stipulates that debt will be extinguished through prescription after a certain period. Various types of debt have different prescription periods. There are also certain events that preclude prescription, such as any form of tax, which is prescribed only after 30 years, while money you owe  … Read more

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