Category: Commercial

Introduction The power structure between landlord and tenant is imbalanced. It was common that landlords would evict tenants without notice should they be dissatisfied with the. The Consumer Protection Act, 2008 (“CPA”) was enacted to develop the common law agreement between landlord and tenant. This development mitigated the imbalance by giving tenants rights which were not available to them under common law and limiting those of the landlord. This article will examine whether a landlord can just evict a tenant and what protection is given to the tenant in such situations. What is the Consumer Protection Act? The Consumer Protection...

Introduction The Prescription Act 68 of 1969 (the Prescription Act) provides different periods for different claims, except where an Act of Parliament provides otherwise. The period of prescription of any debt not listed in section 11 (d) of the Prescription Act shall be three years.  Scenario  In 1998 a seller sold the property to Buyer A for a sum of money. This transaction was reduced to writing by way of an agreement complete with terms. Despite meeting the purchase price, Buyer A neglected to take occupation of the property or transfer it into their own name. In 2020, the seller...

Introduction People often confuse the difference between notarising and commissioning a document. Notarising a document in the event you are only required to commission it could lead you to spending money unnecessarily. Commissioning a document where you are required to notarise it could result in the document being rejected for an important court application. Therefore, it is important that one understands the difference between these two processes.  What is a Notary? A Notary Public, commonly referred to as a Notary, is an attorney admitted and authorised by the High Court of South Africa after having written a specialised examination for...

Introduction During the pandemic, there was a rise in divorces not only in South Africa but also worldwide. Divorce is a difficult proceeding because a family is torn apart, and the aggrieved parties are upset, and grieving for this loss. Parties to a divorce usually never want to amicably separate, they want to fight for what is theirs and by theirs, it is not their significant other but their actual property. What happens when you are married in a community of property and you obtain an obscene amount of money and you decide to institute divorce proceedings after one year...

Introduction For many people, the CCMA is a very scary and daunting process. There seem to be a million rules and little to no guidance from the CCMA itself. This article serves as a simple guide to the CCMA, providing you with the basics that will make the CCMA process a lot simpler.  What is the CCMA and what is its purpose? The CCMA is the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA was established in order to relieve pressure from other courts on labour matters and to allow employees and employers a safe space to resolve their...

Introduction "The only man who sticks closer to you in adversity than a friend is a creditor." - Unknown  Consumer debts are not a problem, they are one of the greatest dynamic factors in our economy, the issue arises when debtors are unable to pay what is due without having to seek professional help. Insolvency law is a common practice throughout the world because debt management is difficult for everyone. When a person is unable to pay their creditors it means that they are insolvent. In South Africa, only High courts can declare you insolvent. Once you are declared insolvent...