Publications

Issue 21 – 2017

6 July, 2017

FUTURE RATES IN CLEARANCE CERTIFICATES: NOT PERMITTED SAYS SYSTEMS ACT Nelson Mandela Bay Municipality v Amber Mountain Investments 3 (Pty) Ltd (576/2016) [2017] ZASCA 36 (29 March 2017) Local authorities usually include a certain amount of future (estimated) rates when issuing figures payable for a rates clearance certificate to be issued. This is generally assumed […]

Am I entitled to maintenance after divorce? | 04 July 2017

4 July, 2017

Our common law provides that spouses have a reciprocal duty to support each other during their marriage, which includes financial support. This reciprocal duty ends when the marriage is terminated either by death or divorce. In the event of death, the Maintenance of Surviving Spouses Act allows the surviving spouse to claim reasonable maintenance from […]

Issue 20 – 2017

29 June, 2017

CHANGING YOUR MIND ON THE OTHER’S BREACH OF CONTRACT Primat Construction v Nelson Mandela Bay Metropolitan Municipality (1075/2016) [2017] ZASCA 73 (1 June 2017) Our law generally holds that if party A repudiates a contract, party B may choose to abide by the contract and enforce A’s performance; or accept the repudiation and cancel the […]

A Power Of Attorney Can Lapse | 27 June 2017

27 June, 2017

Whether because of old age or practical necessity, an ageing parent may decide to entrust the management of his affairs to one of his children, by signing a Power of Attorney in their favour. The question that arises is whether such a Power of Attorney would remain operational in the event of the parent becoming […]

Issue 19 – 2017

22 June, 2017

LEASE NON-COMPLIANCE: TENANT CANNOT DEMAND LANDLORD TO CANCEL RATHER THAN CLAIM COMPLIANCE Clemlen Investments No. 10 (Pty) Ltd v Recycle Yourself (Pty) Ltd (1328/2017) [2017] ZAECPEHC 32 (13 June 2017) In this matter the tenant had a recycling business which meant that it received deliveries of material in large containers. The lease agreement provided that […]

Title Deed Conditions: can they be removed and if so, how? | 20 June 2017

20 June, 2017

There are options available to a home owner who wishes to remove certain conditions from the Title Deed relating to his property. Generally, the process is determined by ascertaining in whose favour the condition is registered. If, for example, the party in question is a neighbour, cancellation can be registered once the two owners have […]

Issue 18 – 2017

15 June, 2017

WHEN NON-COMPLIANCE WITH AGREEMENT CANNOT BE HELPED Tsangarakis N.O. and Another v Kgato Project Management (Pty) Ltd and Another (1021/2017) [2017] ZAFSHC 76 (8 June 2017) We all know that agreements are binding and that parties must therefore comply with the provisions thereof. In fact, an aggrieved party generally has the right to an order […]

Changing Surnames | 13 June 2017

13 June, 2017

In terms of the Births and Deaths Registrations Act, no person may assume or describe themselves under any surname other than that recorded in the formal population register, or under which such a person was granted permanent residence in South Africa. Certain exceptions apply, for example: a woman, after her marriage, may assume the surname […]

Fireproofing Farm Land Against Fire Claims

12 June, 2017

The prevalence of veld fires appears to be increasing as urban encroachment on rural areas, the spread of informal settlements, rising unemployment and poverty, and climactic change provide a perfect storm for conditions that require land owners to be extra vigilant in protecting their land, and livelihood, against the growing threat of fire. The Veld Fire and Forest Fire Act 101 of 1998 lays out the measures required for land owners to guard against fire, and subsequent claims.

Challenging a Signed Contract based on Prior Verbal Discussions

12 June, 2017

A signed contract is presumed to set the terms of an agreement in stone. But can such a contract subsequently be challenged based on prior verbal discussions, possible tacit understandings and perceived ambiguity or vagueness?