News & Articles
Right-of-way servitude and how to register it?
Registration of a right-of-way servitude can be a useful and sometimes vital mechanism granting the holder of such a right a method through which to travel to and from their property. In this article, we will discuss what a right-of-way servitude is, how such a servitude is created, how it will lapse or how it can be cancelled.
Can Sectional Owners install Solar Panels at their Unit in a Sectional Title Scheme?
In response to severe power cuts in South Africa, sectional owners are exploring alternative and renewable power solutions to mitigate the impact of loadshedding, prompting questions about the legalities and requirements for installing solar panels at sectional units.
Navigating the boundaries of ancestral practices in a sectional title scheme
“A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?”
Trustees take note – new platform for your trust Beneficial Ownership reporting
This October, the Acting Chief Master signed a directive introducing the new electronic platform for reporting Beneficial Ownership information at the Master. This new platform was introduced after the Master received an overwhelming number of concerns from Trustees about the reliability, privacy, security and functionality of the Google Forms document that was previously used for Beneficial Ownership submissions to the Master.
Does a claim for maintenance fall away when you die?
A question that often arises is what happens to a person’s maintenance obligations when they pass away. In this article, we have a look at what the legal position is regarding maintenance in the event of death.
Navigating spousal maintenance in your Antenuptial contract
When getting married a common option for couples is to select getting married out of community of property with the accrual system. This requires an antenuptial contract to be drawn up by a notary. But what happens if one of the spouses wishes to also in the antenuptial contract exclude the right to claim maintenance should they get divorced. Is that at all enforceable?
Should you consider massing your estate?
A term often encountered in estate planning but generally not always that well understood, is the “massing” of estates. In this article we take a look at what is meant by “massing” and when it makes sense to use massing in estate planning.
Real estate in a deceased estate – what are the options?
Dealing with real estate in a deceased estate can be a complex and emotionally challenging process for heirs. In such situation, understanding the available options, addressing cash shortfalls, and resolving disputes are essential steps in the administration of the deceased’s assets. In this article we shed light on these crucial aspects and provide guidance to heirs on facing these challenges.
Estate Planning – a necessary tool in uncertain times
The last number of years have seen the world go through dramatic changes, pandemics, environmental upheavals, wars, financial volatility and massive political uncertainty affecting every individual and country in one way or another.
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Cybercrime – a clear and present danger for individuals and businesses
Cybercrime has become a global pandemic with South Africa leading the charge in terms of countries that have become a hotspot for cybercrime, earning us the dubious honour of being labelled the cybercrime capital of Africa. With October being international cyber security awareness month, we touch on some of the issues and risks which South African businesses face with respect to cybercrime.
Beware of the VAT pitfall in your sale of property agreement
An item that is often overlooked when buying or selling property is the issue of VAT and whether such is payable and by whom. Property sale agreements generally stipulate how this should be dealt with, but just as often, agreements can be silent on the issue of VAT. So, what then is the correct position?
Does a construction contract have to be in writing?
You’ve been planning to make some upgrades to your home and you’ve approached a building contractor with a good reputation who is happy to take the job. The only question remaining is, do you have a written construction agreement drawn up, or can you and the contractor verbally agree on the scope of work and price?
An introduction to mergers and acquisitions in South Africa
Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.
South Africa: AI and data privacy regulations – the complexities of AI technologies and processingpersonal information
There have been radical developments in various artificial intelligence (AI) models, with ChatGPT being the most prominent. ChatGPT serves as a language-based AI chatbot that uses a set of techniques referred to as deep learning that has continuous learning capabilities. As a result of these revolutionary AI developments, businesses have acknowledged the valuable insights that AI platforms can provide. It facilitates the generation of contracts, marketing content, CVs, articles, essays, and much more. It does so by gathering and processing data sourced from the internet, encompassing large sets of data derived from books, articles, and other online resources. PR de Wet and Jako Fourie, from VDT Attorneys Inc., examine the impact of POPIA on AI developments, with a specific focus on the processing of data by automated means through AI.
South Africa: What to expect from the Information Regulator in 2023
Since the inception of the Protection of Personal Information Act, 4 of 2013 (POPIA), the Information Regulator has achieved some significant milestones in terms of POPIA and the Promotion of Access to Information Act, 2 of 2000 (PAIA). In this Insight Article, PR de Wet and Mishka Cassim, analyze the milestones accomplished in 2022 and the expectations for 2023.
International: Privacy by Design – prioritizing security in business.
In today’s current digital space, safeguarding privacy and ensuring that your business is compliant with the various cyber laws and data privacy regulations is crucial to ensure that business operations are well protected. In this article, PR de Wet and Mishka Cassim, seek to address some of the most important issues companies face and need to consider on a global scale when addressing privacy concerns.
What you need to know about mortgage bonds in South Africa
The aim of this article is to provide prospective and current homeowners with some insight into mortgage bonds, different types of bonds recognised in South Africa and addressing frequently asked questions relating to mortgage bonds.
Knowing your fire danger rating
Landowners and the public should take heed of fire danger ratings as this may help anticipate potential veld fires (wildfires).
Employment of foreign nationals in South Africa to be tightly regulated
Most employers will be forgiven if they claim not to have heard of the Employment Services Act 4 of 2014 (“Act”). This legislation is certainly not as well-known as the Labour Relations Act, the Basic Conditions of Employment Act or even the Employment Equity Act. Yet, with major amendments proposed to the Employment Services Act in particular in respect of the employment of foreign nationals in South Africa, employers that make use of such employment should take note of the proposed amendments.
Trusts, anti-money laundering, and tax season. Stay ahead with new filing requirements!
With tax return season upon us, trustees should note additional requirements for filing tax returns with the South African Revenue Services (“SARS”).
You must take capital gains tax into account in your estate planning
When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look at some of the considerations that come into play with respect to CGT and how regular review of your estate plan is important to ensure that the latest tax considerations have been incorporated into your estate plan.
The latest developments in respect of the new Anti-money Laundering Legislation
In this article, we provide an important update to trustees and company directors on the latest developments in respect of the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which came into full effect on 1 April 2023 and affects all trusts and companies in South Africa.
Allowable exclusions from your estate duty
A question often asked by the heirs of a deceased when faced with the prospect of estate duty, is what exclusions are allowed in terms of the Estate Duty Act 45 of 1955. In this article, we highlight some of the main exclusions from estate duty.
Is your company making use of all the renewable energy incentives at its disposal?
As South Africa seeks to embrace renewable energy and reduce its carbon footprint, solar power has emerged as a promising and environmentally conscious solution. Beyond the environmental benefits, installing solar panels on residential and commercial properties can also provide financial advantages. In addition to long-term savings on electricity bills, there are several tax benefits available to individuals and businesses who opt for solar energy. In this article we explore the various tax incentives associated with renewable energy installations in South Africa, specifically for companies (or business trusts and sole proprietors), highlighting their potential to promote sustainability while offering economic benefits.
Planning for the transfer of South African assets on death after emigration
The prospect of uprooting your family and emigrating to another country probably ranks as one of the most difficult and stressful decisions any person will face during their lifetime. There are so many aspects to consider and planning to be done. Generally, the emphasis is on the emigration process itself and adjusting planning and structuring to best suit the requirements and challenges presented by the new country soon to be called home.
Boundary walls done right!
Boundary walls between neighbouring properties are key to defining property lines and ensuring the privacy and security of your property. Yet, boundary walls often also form the basis of heated disputes between neighbours, particularly when not done correctly. In this article, we highlight some of the main aspects to be considered when building or modifying a boundary wall.
The tension between the right of ownership and lien in security for a debt
Law often requires a balancing of two different competing rights, requiring our courts to take a view based on law or the relevant facts to decide which right trumps which. In a recent High Court case the court had to consider in the circumstances of the case whether our common law right or rei vindicatio which allows an owner to recover possession of his asset trumps the common law lien or legal claim against an asset held as security for a debt.
Trusts: Majority rules, or unanimity triumphs?
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the law of trusts in South Africa.
New Public Procurement Bill intended to end tender corruption
To address the continuing perception of tender corruption which has also been included as one of the reasons for South Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.