Articles

Divorce Law in South Africa

Zakiyyah Williams Divorce is a legal process that marks the dissolution of a marriage, and in South Africa, it is governed by the Divorce Act of 1979. The Act outlines the procedures and principles that must be followed when seeking a divorce within the country. In South Africa, there are two main types of divorce: …

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Deed of suretyship signed by majority of trustees in absence of authority from the trust deed is invalid and unenforceable.

Nwabisa Sihlahla The Supreme Court of Appeal (“SCA”) in the case of Shepstone & Wylie Attorneys v Abraham Johannes De Witt N.O and Others (1270/2021) [2023] ZASCA 74 dismissed a claim to hold a Trust liable in terms of a deed of suretyship. The deed of suretyship was signed in favour of the Appellant for …

Deed of suretyship signed by majority of trustees in absence of authority from the trust deed is invalid and unenforceable. Read More

CLAIMING AGAINST THE ROAD ACCIDENT FUND – THE BENEFITS OF APPOINTING AN ATTORNEY

SARAH FRITZ The Road Accident Fund (“RAF”) is a statutory body whose objective is to provide compensation for all persons who have suffered any loss or damage, due to death or bodily injury as a result of the negligent driving of motor vehicles within the borders of South Africa.  While the RAF makes provision and …

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THE MEANING/IMPLICATIONS OF VOETSTOOTS FOR AN ESTATE AGENT, THE SELLER AND THE PURCHASER OF AN IMMOVABLE PROPERTY:

The meaning of the word VOETSTOOTS is “as it stands”.  The VOETSTOOTS CLAUSE firstly places an obligation on the estate agent to explain the meaning to the parties as well as the difference between a patent and a latent defect. A patent defect is something you can or should see when you walk through a …

THE MEANING/IMPLICATIONS OF VOETSTOOTS FOR AN ESTATE AGENT, THE SELLER AND THE PURCHASER OF AN IMMOVABLE PROPERTY: Read More

Falling through the cracks: The Importance of a Disclosure Form

Tanya Stander A property disclosure form requires a seller to disclose any known defects or problems with the property, for example leaks, cracks, or electrical faults.  The disclosure form ensures that buyers are aware of any potential liabilities associated with the property that they are purchasing.  Regulation 34.3.2.1 of the Property Practitioners Act, 2019 provides …

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PUNCTUATION IN LAW!

Burger van Dyk Let’s eat Grandpa.Let’s eat, Grandpa Just by adding a comma can change the meaning of what you want to say. In this example it can save Grandpa’s life. This may be a funny example. However it you end up in court because of incorrect interpretation of punctuation it is not funny anymore. …

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