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Posts from 2025

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Can a Body Corporate Withhold a Levy Clearance Certificate for Rule Violations?

When a sectional title unit is sold, a crucial part of the transfer process is obtaining a levy clearance certificate from the body corporate. This certificate confirms that all outstanding levies and charges due to the body corporate have been settled by the seller, and it is a legal prerequisite for the transfer of o

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Causes of Estate Administration Delays in South Africa

The process of winding up a deceased estate in South Africa is often far more time-consuming than most people anticipate. It's not unusual for it to take anywhere from six months to three years to finalise, depending on the size and complexity of the estate, as well as the preparedness of the deceased and their family.

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Resumption of Rate-Cutting Cycle

The Monetary Policy Committee (MPC) of the Reserve Bank lowered the repo rate by 25 basis points at its May policy meeting, after stalling the rate-cutting cycle in March. This was the fourth rate cut since September last year, with the prime overdraft rate of the commercial banks now standing at 10.75%. Compared to th

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The Right Trustees Make or Break Your Trust

Choosing trustees is one of the most consequential choices you will make when establishing a trust. Trustees are the people - or professionals - who will hold legal control over the assets in your trust and make decisions that directly affect your beneficiaries. In many cases, they will continue in this role long after the

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Open for Public Participation – Revised Rules for Gated Suburban Areas

In response to proposed amendments concerning the closure of suburban roads, the City of Johannesburg has invited public participation. The Security Access Restrictions Policy, originally enacted in 2014, governs how road closures may be implemented. However, evolving urban circumstances have prompted a need to revise

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Drafting and Enforcing Contracts in South Africa

A contract is only enforceable under South African law if it meets certain essential requirements. At its core, a legally binding contract is an agreement between two or more parties with the intention to create enforceable obligations.

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How Estate Agent Commission is Negotiated and Paid in SA Property Sales

When selling property in South Africa, one of the most significant costs a seller will face is estate agent commission. It's not just a line item in the agreement — it can amount to tens or even hundreds of thousands of rand, depending on the final sale price. And yet, many sellers go into the process without fully und

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Joburg Deeds Office in Turmoil – How It’s Disrupting South Africa’s Property Market

A burst sewage pipe may have been the final trigger - but the decision to relocate the Johannesburg Deeds Office has been a long time coming. After years of complaints, structural issues, and service delays, the Department of Agriculture, Land Reform and Rural Development (DALRRD) has confirmed that the deeds registry wi

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What Is Company Liquidation and When Should You Consider It?

Company liquidation is a formal legal process used to wind up a business. It involves selling off the company's assets, using the proceeds to pay off creditors, and ultimately deregistering the company. In South Africa, liquidation can be voluntary or compulsory, and it's often a necessary step when a business becomes

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Household Finances Continue Upward Trend

The results of the Altron FinTech Household Resilience Index (AFHRI) for the fourth quarter of 2024 confirm a modest improvement in the financial disposition of South African households, mainly due to three cuts of 25 basis points each in the repo rate between September 2024 and January 2025.

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Who Gets the House? Property Rights in Divorce

For many couples, the family home represents far more than bricks and mortar. It holds memories, a sense of security, and emotional significance — especially when children are involved. At the same time, it is often one of the most valuable financial assets a couple owns, which makes decisions about the home critically

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Understanding the Best Interests of the Child in Divorce

When parents separate or divorce, decisions about where a child will live, who will care for them, and how they will be supported are among the most difficult and emotionally charged. In South African family law, every one of these decisions is guided by a single overriding consideration: the best interests of the chil

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