by VDT Attorneys | Oct 3, 2024 | Divorce, Pension Fund, Two Pot Pension Fund
Before the PFAA it has been a well-established principle in our law that a divorce order is only enforceable against a pension fund as long as the member is still a member of the fund. Now with the introduction of the PFAA and the two-pot retirement system and...
by VDT Attorneys | Oct 3, 2024 | Foreign companies, Jurisdiction, Online publications
The appellant in the matter, IRD Global Limited, is a global health delivery and research organisation that was founded in Pakistan in 2004 and registered in Singapore. The respondent, The Global Fund to Fight Aids, Tuberculosis and Malaria, is an international...
by VDT Attorneys | Sep 25, 2024 | Common property, Exclusive use area, Property transfers
An exclusive use area is not automatically transferred when a section is transferred to a new owner. An exclusive use area has to be registered in the Deeds Office by way of a separate notarial deed – a notarial deed of cession – in terms of which the exclusive use...
by VDT Attorneys | Sep 20, 2024 | Immovable property, Property, Property auctions, Sale in execution
The intention is to recover the debt owed by the property owner to the execution creditor. Although purchasing immovable property sold in execution may often be touted as a potential bargain, it can indeed be a double-edged sword for the following reasons: 1....
by VDT Attorneys | Sep 20, 2024 | Body corporate, Levy clearance certificate, Sectional Title, Sectional Title Scheme
This raises the question of whether a body corporate can in certain circumstances refuse to issue a levy clearance certificate and whether there are any limitations to such an entitlement. Over the years the courts have been approached to settle disputes where a body...