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Legal News
Read the latest legal news from our online magazine below: Labour law v the law of contract and the Constitution as amicus curiae?
Universal Church of the Kingdom of God v Myeni and Others (2015) 36 ILJ 2832 (LAC) By Romano Ismail The Universal Church of the Kingdom of God (the appellant), appointed Mr Myeni (the third respondent) as a pastor. Consequently, the third respondent signed two documents titled ‘Regulations for Pastors’, and…
Maintenance Act: May the prosecution decline to prosecute a s 31(1) matter?
By Marlene Lamprecht Section 31(1) of the Maintenance Act 99 of 1998 creates the offence of failing to make payment in accordance with a maintenance order. Section 31(1) states: ‘Subject to the provisions of subsection (2), any person who fails to make any particular payment in accordance with a maintenance…
Road Accident Fund ‘direct claims’ versus public interest
By Gert Nel The Road Accident Fund (RAF) proudly runs a campaign called ‘RAF on the Road’, which forms part of the RAF’s marketing campaign and is aimed at encouraging the public to claim directly from the RAF. The programme has won a number of accolades, including the Department of…
The right to road safety
By Prof Hennie Klopper South Africa is internationally one of the most unsafe countries for road travel (see ‘South African road deaths vs the world’ https://businesstech.co.za, accessed 952018). Fourteen thousand of its citizens (38 per day) die on its roads and as many as an estimated 524 000 persons based…
The risky business of a business rescue practitioner
By Rico van der Merwe and Melandie Buitendag The concept of business rescue was introduced into South African corporate law through the enactment of ch 6 of the Companies Act 71 of 2008 (the Companies Act) and is similar to judicial management contained in the old Companies Act 61 of…
Louwrens Coetzer Business in the week & party on the week-end!
On Saturday 28 July 2018, our team entered the Meat World Potjiekos Competition which was held in Springs. Our main objective was to have a fun team building day out – Big Bonus for us that our team won the Competition. Congratulation Team LOUWRENS COETZER
Is it worthwhile buying a fixer-upper?
Purchasing a fixer-upper can be an extremely beneficial financial endeavour. However, only if the buyer has taken the time to do their research and followed the right procedures to ensure they are making a sound investment decision. © victor zastolskiy – 123RF.com Irrespective of the kind of property the purchaser…
Green features help to sell homes
21 Apr 2015 More and more home buyers in today’s property market are becoming interested in homes that offer green elements. More and more home buyers in today’s property market are becoming interested in homes that offer green elements, and there are a great deal of green products available…
Home renovations & your insurance policy
30 Mar 2015 Thinking about making some long overdue home improvements? Before you get started, there are some important points to consider. Visser says to make sure that your building plans are pre-approved, as your insurance company could repudiate your claim if your building does not conform to the required…
Banks Make Buying Property Easier
21 Nov 2014 Back in the pre-2007 property heydays it was quite easy to obtain a home loan at favourable rates – even as a first-time buyer. Since then it’s been tough going with local banks increasing their scrutiny of applicants, tightening their lending procedures and offering fewer, smaller home…
Sea views and servitudes: Neighbours at war
31 July 2014 The recent Supreme Court of Appeal (SCA) judgment of Robarts v Antoni NO(327/2013) [2014] ZASCA 64 underlines once again the need to properly record any and all agreements relating to your property. Game of Homes Cape Town (Bantry Bay) neighbours – let’s call them A and B – whose…
ATTORNEYS TO BE THE EYES AND EARS OF CITIZENS BY OBSERVING THE 7 MAY 2014 NATIONAL ELECTIONS
PRESS RELEASE 24 April 2014: For immediate release The Law Society of South Africa (LSSA) has set up an observer team of 275 attorneys and candidate attorneys to observer the National Elections on 7 May 2014. ‘They will serve as the eyes and ears of our citizens,’ say LSSA Co-Chairpersons…
Register as an interim Estate Agent
27 Mar 2014 There are regular inquiries to the Institute of Estate Agents, Western Cape, as to what to do when one wants to register to become an intern agent, whether this is necessary, and what steps to follow once registered to become fully qualified. Over the six month period the…
Trouble with trusts
Whether or not 2014 lives up to the forecasts of accelerating strength in the property market, you need to know that your sale or purchase of land will be invalid unless it complies strictly with these legal requirements – The sale must be recorded in a written agreement of sale,…
Real Growth in Metro Areas
23 Jan 2014 According to Francois Venter, director at Jawitz Properties, the metropolitan areas are likely to see real property price growth compared to rural and coastal areas. Priced at R1.675 million, this three bedroom home in Wellington has picturesque views of the Boland mountains and vineyards, an open plan living area with…
A Short-Lived Pardon Under The Credit Amnesty
12 September 2013 The Department of Trade and Industry (“DTI”) and the National Credit Regulator (“NCR”) have made a proposal to the Cabinet for a credit information amnesty, which is to be put into place by the end of October 2013. This credit amnesty will have the effect of removing…
DE REBUS DIGITAL – Read Online
What is Tax Crime?
Tax crime is manifested in many forms. Here are some prime examples: People don’t declare income in order to not pay the tax on that income. People lie about their expenses to reduce the tax they pay. For example they may lie about their business mileage, business expenses or even…
Property Valuation Bill 2013
30 May 2013 EXPLANATORY MEMORANDUM ON THE PROPERTY VALUATION BILL 2013 BACKGROUND A central feature of the land redistribution and land restitution programme has been the acquisition of land on the basis of the ‘willing buyer willing seller (i.e. demand— driven and market —based) model, predominantly based upon the historical…
Ekurhuleni valuation deadline extended
Ekurhuleni valuation deadline extended The deadline for inspection and lodging of objections to the valuation roll has been extended, and property owners now have until 17 May 2013, to do the aforementioned, according to the Ekurhuleni Metropolitan Municipality (EMM). The closing date of the public inspection period for the valuation…
Risk Alert Feb 2013
First a conveyancing scam alert Bad news! After going quiet for a short time, the scamsters are now back and operating in various jurisdictions. Please warn your conveyancing staff not to allow the seller to change the details of the bank into which the proceeds of the sale must be paid….
Destruction or damage of property
Destruction or damage SECTIONAL TITLE There are three instances when a building (or buildings) is deemed to be destroyed, i.e. as provided for in section 48 of the Sectionals Titles Act 95 of 1986 (the Act): Upon the physical destruction of the building When the owners by unanimous resolution so…
Effect of death of an heir
It often occurs that an heir of a deceased testator dies before or after the death of a testator, who died testate or intestate. The question begging an answer is what effect does the death have on the devolution of the inheritance of immovable property bequeathed or inherited by such…
Banks Bonds and Home Loans
PROPERTY24 24 Jul 2012 Banks are granting more 100% home loans but they have raised the deposit requirements for those buyers who do not qualify for 100% loans. The average home price paid by first-time buyers in June was R615 000 (compared to R597 000 in May), and the average…
Why you should invest in property
Investing in property is one of the ways to make money, and commercial property is said to be offering good returns. “These fundamental differences between property and other asset investments are often not acknowledged by commentators and analysts.” In particular, he says, these people tend to overlook the huge advantage…
THE LEGAL PRACTICE BILL
Justice Minister Jeff Radebe announced that the Legal Practice Bill has been tabled in Parliament after it was certified by the Chief State Law Adviser. He said the Bill is a milestone in the history of the profession. It opens doors of access to the profession and guarantees accessible legal…
Reporting the estate of a deceased person
A deceased estate comes into existence when a person dies and leaves property and/or a document that is a will or is intended as a will. The estate must then be administered and distributed, either in accordance with the deceased’s will or, if the deceased did not leave a will,…
Your rights and responsibilities as the client of an attorney
As the client of an attorney, you have the right • to professional, honest and unbiased advice at all times; • to be treated with professional courtesy, respect and fairness, regardless of your race, nationality, age, gender, sexual orientation or disability; • to privacy and attorney-client confidentiality; • to agree the type of service…
Good News From The 2012 / 2013 Budget
23 February 2012 Lew Geffen, chairman of Sotheby’s International Realty in SA, says: “Today’s Budget holds out excellent prospects for the speedy improvement of the real estate market and the sustainability of that recovery. “The most important macro aspects include Finance Minister Pravin Gordhan’s strong stance, re-iterated throughout his speech,…
Chief Registrar’s Circular 1/2012
26 January 2012 Registrar’s Circular No 1 of 2012 – Rectification of title deeds and updating of deeds registry records regarding the vesting of state land. This Circular contains procedures for the rectification of title deeds and the updating of deeds registry records with regard to the vesting of immovable…
Holiday Season Office Hours
Season’s Greetings from Louwrens Coetzer and Partners Wishing you a happy and safe holiday! Our office will be closed for the holidays: Wednesday, Dec 21th, 2011 – and will reopen @ 8:00 AM on Wednesday, January 4th, 2011
How to buy a distressed/repo property?
How to buy a distressed/repo property? 09 Nov 2011 Now is a good time to buy distressed and repossessed properties thanks to low interest rates and available stock in the property market. A distressed property can be defined as property that is under a foreclosure order or is advertised for…
Social networking tools such as Facebook, Twitter and MXit are becoming the easiest way to prove marriages have irretrievably broken down in contested divorces.
NIVASHNI NAIR | 10 October, 2011 00:44 – Times Live A wealthy Durban doctor created a fake Facebook profile as a “hot young thing” to gather evidence against her husband in their divorce battle. A Johannesburg businessman installed cameras in the study where his wife logged on to social networking…
Destruction of a scheme
29 September 2011 Section 48 of the Sectional Titles Act 95 of 1986 (the “Act”) provides inter alia that the owners may by unanimous resolution agree to the destruction of the building, comprising a sectional title scheme. Section 49 of the Act, furthermore, provides that where the owners may also by unanimous resolution resolve…
Start building a healthy credit record
24 Sep 2011 It’s never too early to start building a healthy credit record. It is also important for potential borrowers to pay attention to the implications of the National Credit Act, which provides that lenders must ensure, before they grant any new credit, that borrowers will not be committing…
Property buyers return to Johannesburg
12 Sep 2011 The inner city of Johannesburg is attracting property investors with some snapping up bargain buildings for refurbishment and redevelopment at auctions. This property in New Doornfontein in Johannesburg was sold at an auction in August for R18.7 million. Auctioneers report an increase in the number of investors,…
If you can afford it, buy that home!
09 Sep 2011 Currently, low house prices and interest rates offer a once-in a lifetime opportunity for buyers to enter the residential property market. A low interest rate environment allows individuals to qualify for larger loan amounts or pay lower instalments on a loan than would otherwise be afforded. Standard…
Capacity of an insolvent
18 August 2011 Conveyancers and examiners should take cognizance of the fact that even though an insolvent has been rehabilitated, a right to property acquired by such rehabilitated insolvent prior to, or during, his or her insolvency, continues to vest in the trustee despite the rehabilitation (see section 25 of the…
Can I get out of my lease early?
A Property24 reader asks: I am a tenant and I have signed a fixed period lease agreement with the landlord. I can no longer afford to stay at the premises. I have once forwarded my lease cancellation notice and the landlord representative informed me that, since I have signed a…
Selected building statistics of the private sector as reported by local government institutions May 2011.
The value of recorded building plans passed by larger municipalities (at current prices) increased by 5,3% (R1 250,8 million) during January to May 2011 compared with January to May 2010. The biggest increase was reported for non-residential buildings (13,6% or R708,0 million), followed by residential buildings (6,9% or R699,3…
Clarity on the Property Rates Amendment Bill
Source: http://www.moneyweb.co.za/mw/view/mw/en/page299360?oid=547884&sn=2009+Detail&pid=299360 ALEC HOGG: It’s Tuesday July 19 2011 and in this Boardroom Talk special podcast we speak with Yunus Carrim, who’s the Deputy Minister of Cooperative Governance and Traditional Affairs. Deputy Minister, the proposal for a hike in rates on second properties has released a firestorm. You have come…
Big 5 mistakes to avoid when selling
06 Jul 2011 Staying emotionally detached is one of the biggest challenges for any home seller, but necessary if you don’t want to put buyers off and lose the sale. Staying emotionally detached is one of the biggest challenges for anyone selling a home. “Once you decide to sell your…
Mission Statement
Our Mission Louwrens Coetzer and Partners is a family owned law practice that strives to achieve results that exceed expectations through Our Commitment to Our Clients by Adding maximum value to their transactions. Being accessible, efficient, responsive and knowledgeable. Our Commitment to Our Communities Providing extensive and worthy pro bono…
Congrats Zancha!! LLB in the bag
We just wanted to take a moment to congratulate Zancha on earning her LLB degree. Zancha, you must be so proud of yourself. School is always such a huge commitment. It can be a full time job in itself! But you proved that you were more than equal to the…