Thursday, May 4, 2017
Introduction
Monday, April 10, 2017
DEPARTMENT OF HUMAN SETTLEMENTS
Tuesday, February 28, 2017
Vol. 620 No. 40649 28 February / Februarie 2017
Tuesday, February 7, 2017
It often occurs that spouses enter into a customary marriage and subsequently, for religious or other unbeknown reasons, wish to “convert” such customary marriage into a civil marriage, governed by the Marriage Act 25 of 1961. The question begging an answer is what are the proprietary consequences of such subsequent civil marriage? It is trusted that what follows will shed more light on this issue.
From a conveyancing point of view and for the ensuing reasons it is imperative to distinguish between a pre emptive right proper and a pre emptive right condition which prima facie appears to be a consumable pre emptive right, but binds successors in title or is enforceable in perpetuum.
Monday, February 6, 2017
Subsequent to the registration of the sectional plan effecting the conversion of a share block scheme into a sectional title scheme, the share block company may transfer units in the scheme to share block holders, or any third party. The transfer of units to share block holders is governed by the Share Blocks Control Act 59 of 1980, whilst the transfer of units from the share block company to another party, other than the share block holder, is governed by the Sectional Titles Act 95 of 1986.
Monday, January 16, 2017
Case No: 5250/2016
Monday, January 9, 2017
CASE NO: 6776/2016
Tuesday, September 20, 2016
Cognizance of the fact that even though an insolvent has been rehabilitated, a right to property acquired by such rehabilitated insolvent prior to, or during, his or her insolvency, continues to vest in the trustee despite the rehabilitation (see section 25 of the Insolvency Act 24 of 1936).
The traditional common law maxim acta probant sese ipsa (documents prove themselves) applies to the South African legal system. Furthermore, legislation prescribes the formalities for the legally valid execution (signing) and attestation (witnessing) of documentation when signed in South Africa. However, it stands to reason that the said maxim cannot be applied in respect of a document which has been executed abroad for use in South Africa, without grossly and perhaps even unfairly, burdening the person bearing the responsibility of judging the authenticity of the document merely on sight value.
