One of the more interesting and contentious aspects of the digital age in which we live revolves around the question of ownership of personal data in the public sphere. This was one of the issues on which the South Gauteng High Court was called upon to make a ruling in the recent case between Discovery […]
ALIEN AND INVASIVE SPECIES – Obligations of the seller according to the National Environmental Management: Biodiversity Act On 1 August 2014, the Minister of Environmental Affairs published the Alien and Invasive Species (“AIS”) Regulations (“the Regulations”) which came into effect on the 1 October 2014. The primary aim of the National Environmental Management: Biodiversity Act (“NEMBA”) and its Regulations are
MEDIATION IN THE SPOTLIGHT AS NEW HIGH COURT RULE MAKES IT MANDATORY A change to the High Court Rules, which took effect on 9th March 2020, now requires the parties to all new actions or application proceedings to consider mediation. Mediation is a voluntary process entered into by agreement between the parties to a dispute,
The distinction between occupation and possession is often misunderstood. However, there are important legal differences between these concepts, and you should ensure that you are aware of these to avoid uncertainty and issues later in the transfer. To understand these concepts, it is important to consider the three distinct stages in a transfer; The actual
Many Agreements of Sale contain a clause to the effect that the conveyancer is to place the purchaser’s deposit in an interest bearing account. All monies received by an attorney on behalf of a client is paid into the Attorneys Trust Account where it is covered by the Legal Practitioners Fidelity Fund against misappropriation. The interest earned
It has come to our attention that the COVID-19 lockdown has resulted in some purchasers’ bonds, which were approved prior to the lockdown, being withdrawn due to the expected resultant negative impact upon their financial circumstances. The basis for this is that it is standard practice for the Banks to reserve the right in their standard Terms
RELIEF FOR ESTATE AGENTS WHO HAVE COMPLIED WITH THE ESTATE AGENCY AFFAIRS ACT FOR THE ISSUE OF A FIDELITY FUND CERTIFICATE The Supreme Court of Appeal handed down a judgement on 10th June 2020 which states that if an estate agent and/or agency has complied with all the provisions of the Estate Agency Affairs Act in relation to a
In a recent article we explored the legal validity of documents which have been signed electronically. Though the legal profession recognises the central role of technology in society, section 4(4) of Electronic Communication Transaction Act (ECTA) mentions that it does not give validity to data messages as a method of executing a valid will. Rather, wills are
The long-awaited Recognition of Customary Marriages Amendment Bill (the “Amended Bill”) has finally been passed by Parliament and it is anticipated that it will be signed into Law by the President of the Republic of South Africa soon. The Amended Bill is as a consequence of two Constitutional Court judgments, Gumede and Ramuhovi , which found that certain sections of the Recognition of
