POPIA… How will POPI affect the Property Industry

Over the past few years various companies have bought and sold personal data, in order to optimize marketing.  Personal information is a vital part of any estate agent’s business and rightfully so.  Simply put when you instruct an agent to find your dream home, in order for that agent to achieve just that they require a significant amount of personal information from you,...

Silver lining for the hospitality and tourism industry?

On the 26th of June 2020 Judge André Le Grangé handed down a judgment in the Western Cape High court which might have major ramifications for short term insurers. The applicant Café Chameleon seeked an urgent declaratory order that its insurance company Guarrisk the Respondent in the matter be ordered to indemnify the policy holders in terms of  its business interruption...

WHAT ARE MY RIGHTS IN THE EVENT THAT I AM ARRESTED FOR THE CONTRAVENTION OF LOCKDOWN REGULATIONS?

Firstly, it is important to take cognizance of the fact the SAPS are there to serve and uphold the law, a fact that is sometimes forgotten, and which is very evident during the lockdown period.  It would seem that the SAPS in certain areas has not been properly trained and informed what actually constitutes an offence in terms of lockdown regulations. We have had numerous matters where...

ANC, most important document that you will sign in you

An antenuptial contract, also commonly called an ANC contract or prenuptial agreement in South Africa, regulates the terms and conditions of a marriage between prospective spouses. Antenuptial contracts set what we believe to be the cornerstones of successful unions.  Think of your (“ANC”), as the foundation to building a home. This contract dictates your...

How much Cannabis is too much?

In a recent judgement delivered on the 18th of September 2017 by our Constitutional Court Cannabis in South Africa has been decriminalised, for personal consumption by adults in private and also states that cannabis could be cultivated in a private space.  The cultivation of cannabis in a private place is the garden of one’s residence.  It could also be interpreted to...

Repudiation / Renunciation of an inheritance, should I? The consequences involved.

Any person nominated to receive an inheritance, whether it arises from a will or by virtue of the laws of intestate succession, may choose either to adiate (accept) or repudiate (renounce) that inheritance. In terms of Section 2C(1) of the Wills Act 7 of 1953 it provides: Where a deceased dies testate or intestate and certain of the testate or intestate heirs elect to renounce their right to the...

Do not Trust a Trustee………….. (Without Authorization)

The question which arises when contracting with a trust is whether or not the trustee you are contracting with has the necessary authority to enter into a contract and bind the trust as an entity to the contract. Firstly, one must briefly consider the nature of a trust to understand the legal implications of dealing with a trust. A trust can be defined as a legal institution in which a person,...

Child Maintenance…. how do I apply or vary an existing order?

A child is entitled to reasonable maintenance for the essential needs for himself or herself, for example, clothing, housing, food, education and medical care. There is an obligation on each parent to provide the essential needs of the child. This legal duty is called “the duty to maintain” or “the duty to support”. Both parents have the legal duty to maintain the child according to...

Municipal Account, who is liable?

When concluding a lease agreement the amount payable for consumption charges for water and electricity supplied to the leased premises is a factor both parties pay little attention to. Most lease agreements will stipulate that the tenant is liable for the consumption charges. What happens if the tenant  does not make payment in terms of the agreement? The tenant’s breach of the lease...

COVID 19 – VIS MAJOR

On Sunday the 15th of March 2020, President Ramaphosa declared a national state of emergency, and on Monday the 23rd of March it was announced that nationwide lock down will be enforced as from 26 March to 16 April in an attempt to curb the spread of the COVID-19 virus, having devastating effects on our already struggling economy. Force Majeure or Vis Major is a Latin phrase meaning...

Beware of “the so-called WhatsApp contract”

A major cause of most disputes arises from the contents and interpretation of contracts, it mostly happens due to poorly drafted contracts. Another major cause of disputes are verbal agreements, where parties agree on certain terms and conditions and later these terms and conditions are disputed.  Both verbal and written agreements are legally enforceable and binding, however certain...

The Importance Of Having A Will

The importance of having a Will. Do I really need a Will?  Traditionally the answer to this question is an unequivocal yes!! Especially if you have children and a spouse you wish to provide for. The general view is that it is essential for every person to have a Will, whether or not you decide on a Will depends if the consequences of not having a Will are acceptable to you, some of the...

Can I Change My Divorce Order

Divorce the solution to domestic issues, but what happens if I or my legal representative fail to correctly deal with all the relevant issues? In terms of our common law once a court has granted an order it is regarded as final and can only be altered by a court of appeal.  The presiding officer becomes functus officion and cannot ordinarily amend or rescind an order once it...

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