A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle that followed lasted more than a decade. What happened The…
“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and you’ve laid a solid foundation for protecting your…
“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price. What happens to the deposit money? A sale that fell…
The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.
A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.
It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.
Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.
Phew! No major tax increases are planned, and taxpayers will benefit from zero “bracket creep” across a range of taxes. While property sellers and buyers will be disappointed that transfer duty thresholds have not increased, there’s reason to get very excited about the 50% increase in the primary residence CGT exclusion from R2m to R3m.
Read on for an illustrative calculation of CGT savings, some of the more important tax tables, and a calculator to show you how much more or less you will be paying in taxes.
Buying and selling a house is probably one of the most important financial transactions you will ever be involved in. Not to mention the emotional aspect of acquiring or letting go of your “home sweet home”.
This is why it’s vital to choose the right conveyancer. Case in point, a recent court battle which saw a couple losing ownership of what they had fondly believed to be their new house. A crooked attorney, in cahoots with her trustee husband, had defrauded both the original owner and the buyers at the end of the transfer chain. And in law, “fraud unravels all.”
“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles….
Originally from Matatiele in the Eastern Cape, Wandile studied law through the University of South Africa before joining DMF’s Litigation Department as a Candidate Legal Practitioner.
Inspired by a strong sense of fairness and a desire to help others, Wandile was drawn to the legal profession because of the impact it can have on people’s lives. He enjoys the challenge of critical thinking and problem-solving, and values the opportunity to assist clients in navigating complex legal matters while working towards practical solutions.
Drawn to litigation by its dynamic nature, Wandile is committed to developing his skills and building a career founded on professionalism, integrity and service excellence. He particularly enjoys the satisfaction that comes from helping clients move forward with confidence during difficult or uncertain circumstances.
Outside the office, Wandile enjoys spending time outdoors and embraces opportunities for new experiences and adventure. A talented painter with a love for animals, he shares his home with two dogs, 35 chickens and two ducks. His personal motto, “What you’re not changing, you’re choosing,” reflects his proactive approach to both life and work.
Jennifer’s passion for law stems from a deep desire to help others. Driven by a commitment to assisting those less fortunate, she saw the legal profession as an opportunity to make a meaningful difference in people’s lives while advocating for fair and positive outcomes.
Jennifer approaches her work with enthusiasm, determination, and a strong sense of purpose. She believes that passion and perseverance are essential qualities for success in the legal profession and finds great satisfaction in helping clients navigate challenges and achieve successful resolutions. For her, one of the most rewarding aspects of the job is seeing the relief and excitement clients experience when a matter is successfully concluded.
Jennifer credits much of her drive and resilience to her late mother, who remains her greatest role model. She taught Jennifer that with dedication and hard work, any goal can be achieved regardless of the obstacles along the way.
Outside the office, Jennifer is an adventurer at heart who enjoys the outdoors, spending time with friends, and embracing new experiences. A natural go-getter, she is always ready for the next challenge and believes that growth comes from continually stepping outside of one’s comfort zone.
For André, becoming an attorney was about more than practising law. He was drawn to the profession by a desire to help people navigate important decisions, solve problems, and achieve meaningful outcomes during significant moments in their lives.
After completing his legal studies, André was admitted as an Attorney of the High Court in 2016. He later qualified as a Conveyancer in 2020 and as a Notary Public in 2021, expanding his ability to assist clients across a broad range of property and commercial matters.
With a strong focus on conveyancing, André enjoys being part of the journey that helps individuals and families achieve their property ownership goals. He understands that property transactions are often among the most important financial decisions people will make and believes that every client deserves clear guidance, practical advice, and professional support throughout the process.
As a Notary, André values the trust placed in him to formalise important agreements and ensure legal processes are handled accurately and efficiently. His meticulous attention to detail, transparent communication style, and commitment to service have earned him a reputation for delivering dependable and client-focused solutions.
Outside the office, André values balance, family, and meaningful connections. Whether spending time with loved ones, enjoying the outdoors, sharing a good meal, or simply appreciating life’s quieter moments, he believes that staying grounded is essential to both personal wellbeing and professional success.
Known for his approachable nature and calm professionalism, André finds fulfilment in helping clients move from uncertainty to clarity and confidently navigate some of life’s most important milestones.