How to Wind Up a Deceased Estate
Winding up an estate in South Africa is a meticulous process governed by the Administration of Estates Act 66 of 1965. It involves the collection and distribution of a deceased person’s assets, settling debts, and ensuring that the estate is managed according to the law and the deceased’s wishes. This article outlines the steps involved […]
Navigating Subpoenas in Magistrates’ Courts: Part 1
People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena”, which states that they should attend and give evidence at a trial or that they should produce a document or thing. This will be a two-part series […]
Understanding Your Rights at a Roadblock in South Africa
It’s late at night, and you’re driving home when flashing blue lights appear ahead – another roadblock. Your heart races slightly, even though you’ve done nothing wrong. What are the police allowed to do? More importantly, what are your rights? Your Rights When Stopped at a Roadblock Getting pulled over at a roadblock can feel […]
Property Ownership Transfer and the Abstract Theory
South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as the curator of Mrs Shea’s estate because she […]
All Our Trustees Have Resigned. What Now?
What happens if all the trustees of a sectional title scheme resign? Who is then in control of the management, and who is entitled to continue exercising the function and powers of the body corporate, which is entrusted to the trustees by virtue of the Sectional Title Schemes Management Act 8 of 2011 (STSMA)? The […]
Renting vs Buying: The Pros and Cons
In a lowering interest environment, tenants are reconsidering their priorities. Driven by reduced interest rates and more lenient loan criteria, tenants are starting to have their sights firmly set on owning a home. While many—particularly the ‘millennial generation’—chose to travel and live more ‘freely’ in the past, priorities have since changed. The pressing question right […]
What Role Do Homeowners’ Associations Play in Shared Developments?
Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, the legal framework surrounding HOAs can be complex, involving legislation such as the Sectional Titles Schemes Management Act of 2011. In addition to managing disputes and enforcing rules, HOAs […]
Unlawful Arrests and Your Rights
In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, […]
Part 2: Dream holiday or nightmare! An overview of the Property Time-Sharing Control Act and the vacation ownership/time-share industry
In part 1 of this article, I broadly looked at property time-share and the legislation regulating it. The problems and complaints of consumers, trapped in the empty and misleading promises advertised to them by the time-share industry, are also addressed. In this article (part 2) I will look at the National Consumer Commission Report of […]
The increasing importance of Fidelity Fund Certificates
Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may have certain questions regarding the application process to obtain the Certificate, its issuing from the Authority and any disqualifications from issuing, its amendment, withdrawal, and lapse thereof. A Property […]