DMV Inc

The Truth About Driving Under the Influence

Uncover the truth about driving under the influence (DUI) in South Africa. Learn about the strict laws, legal limits, and severe penalties for offenders. Find out how to estimate your blood-alcohol concentration and make responsible choices for safer roads. This is your guide to prioritising your safety and the safety of others, helping you avoid […]

Intending to Buy a State-Funded House? Here’s What You Need to Know

The Constitution of South Africa enshrines the right of everyone to have access to adequate housing. This places a mandatory duty on the state to achieve this right for all South Africans through its available resources. The government introduced the Reconstruction and Development Programme (RDP) as its social housing programme to provide low-income families with […]

Claiming Ownership Through Acquisitive Prescription

One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through […]

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 […]

Addressing Minority Shareholder Oppression: Effective Remedies

Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Memorandums of Incorporation (MOIs) typically require a 75% majority vote for special resolutions to pass, regardless of your dissent. This scenario can lead to feelings of oppression and unfair prejudice. The word oppressed was derived from the […]

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 […]

A Closer Look at Maintenance Court Procedures in South Africa

Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring that dependents, particularly children, are financially supported after a divorce or separation. The maintenance court is a specialised court established under Section 3 […]

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 […]

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