Our Blog

Sectional Title – Tenants

Communal living in a sectional title complex (“Scheme”) can be difficult at times because it involves a wide range of people with diverse needs, interests, languages, and cultures which sometimes clash. The ability to live harmoniously can also be difficult due to the high number of tenants residing in sectional title units within the Scheme, .. read more

Rouwkoop and Penalty Clauses in Sale Agreements

A rouwkoop clause comes from our common law. The word is derived from the Dutch words meaning “regret” and “purchase”. In essence, it is a clause in an agreement that entitles a party to that agreement to pay an agreed sum of money in order to be allowed to withdraw (or purchase his/her freedom) from .. read more

Notarial Authentication of Documents

When you need to have documents signed or copied in South Africa for use outside South Africa, you will need to go through a process of having the documents authenticated. The nature of the authentication process will depend on the country in which the documents will be used.   APOSTILLE A relatively simple process (“the .. read more

Immovable Property and Invasive Species

Ian Cox, one of our colleagues in the Imber Group (www.imbergroup.co.za) has just written an article on recent legislation which requires a seller of immovable property to disclose to his/her buyer the existence of all invasive species on the property, failing which there could be a large fine or even jail time. Click below to .. read more

Zero-Rating for VAT

  WHEN VAT BECOMES PAYABLE If you are a VAT vendor and are selling an asset, a business or part of a business, you may not always be required to charge Value Added Tax (VAT) on the purchase price. Whether VAT is to be charged will depend on the circumstances of the transaction. For example, .. read more

Compliance Certificates

When an immovable property (“property”) is sold, certain compliance certificates must be obtained prior to registration of transfer of the property. Some compliance certificates are obligatory in terms of legislation, depending on the particulars of the transaction and property. A summary of each of the compliance certificates in the context of conveyancing is set out .. read more

Contracting with a Trust

It is common practice for a trustee of a trust to enter into a contract with a third party on behalf of his/her trust. However trustees must be aware that they must obtain the prior written (not verbal) authorization of all (or in the case of some trusts, a majority) of trustees before entering into .. read more

Antenuptial Contracts

1. INTRODUCTION Planning for your wedding and marriage is exciting. While much time and focus is directed at planning the wedding itself, it is vital that time and energy also be directed at planning for your marriage and in particular the proprietary consequences of your marriage. No one goes into a marriage contemplating a divorce .. read more

Living Wills

It is probably a family’s worst nightmare – a loved one is in an accident and is being kept “alive” by artificial means. Does the family switch the machines off? Would that be the loved one’s wish? Does the doctor agree? A living will is a document signed by a person when s/he has the .. read more

Testamentary Marital Exclusion Clauses

A common clause in wills is one where the testator declares that any bequest to a beneficiary is to be free of any community of property or profit and loss. In other words, the beneficiary’s spouse is not entitled to share in the inheritance. The rationale behind this marital exclusion clause is to ensure that .. read more