NEWS & ARTICLES

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 Marriage is a sacred union between two people who are in a personal relationship. Marriage takes many forms such as religious, cultural and civil.  Often these types of marriages (religious and cultural) are not always recognised through the eyes of the law.  In South Africa, civil and customary marriages, therefore, are the most recognised and protected form of marriage. Types of Marriages Under South African law, three types of marriages are legally recognised, civil marriages, customary marriages and civil unions. Civil Marriages In terms of the Marriage Act, civil marriages are marriages that can only be entered into between...

Introduction What happens when a spouse discloses to the other that they have committed a crime? Does the spouse have an obligation in terms of the law to say something? Can that spouse be forced by the court of law to testify? Does the law offer protection to the spouses? What is marital privilege? It is the protection offered to spouses for communication that was privately disclosed during the course of their marriage. Either spouse may invoke the privilege and this can prevent the one spouse from testifying against the other about their private marital communications in a civil or...

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...