Sale of Immovable Property from a Deceased Estate
When an executor has been appointed by the Master through the issuance of Letters of Executorship, their primary duty is to finalise the administration of the estate as soon as possible. This includes taking control of the deceased estate assets, selling them if necessary to pay all estate liabilities, administration costs and estate duty (if […]
What Role Do Homeowners’ Associations Play in Shared Developments?
Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, the legal framework surrounding HOAs can be complex, involving legislation such as the Sectional Titles Schemes Management Act of 2011. In addition to managing disputes and enforcing rules, HOAs […]
The Pivotal Role of Technology in E-Conveyancing
Legal conveyancing is a crucial aspect of property transactions in South Africa. It involves the transfer of property ownership from one party to another, and historically, this process has been known for its paperwork-intensive nature and time-consuming procedures. However, in recent years, technology has emerged as a game-changer in the field of legal conveyancing, streamlining […]
Wrongfully Arrested by the Police: How Much Money Can You Claim?
In South Africa, countless innocent people are wrongfully arrested, thrown into jail, and then subjected to degrading, inhumane, and dehumanising circumstances. What would be the legal recourse available to a person who has been wrongfully arrested? Furthermore, how does the court determine the amount of money a person could claim after being wrongfully arrested? These […]
Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?
Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts. This means, there are approximately 10 million people who are three months or more behind on debt repayments. This article […]
Understanding Estate Massing in Community of Property Marriages
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse’s welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate […]
How Does Section 73A of the BCEA Apply to Independent Contractors?
The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to […]
Age Discrimination in South Africa: Safeguarding the Rights of Older Employees
Age discrimination, especially in the context of employment, is a pervasive issue across many countries, including South Africa. In the labour law framework of South Africa, age is a prohibited ground of discrimination under the Employment Equity Act (EEA). The rise of aging populations and the increased need for extended working careers have forced employers […]
Mediation v Arbitration: What Is the Difference? PART 2
As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full […]
Mediation v Arbitration: What Is the Difference? PART 1
A common trend in commercial contracts is the inclusion of a mediation and/or arbitration clause. As a general point of departure, these clauses require the parties to the contract to refer any dispute arising from the contract to mediation as a first step. Should the mediation process be unsuccessful, these clauses then require that the […]