Second bite at the cherry

A tale as old as time is standing up after getting knocked down, however the notorious second, third and fourth bite at the cherry might come back to haunt you. Section 2(1)(b) of the Vexatious Proceedings Act (“the Act”) provides that: “If, on an application made by any person against whom legal proceedings have been […]

Custodial issues: what is in the best interests of the child

The best interests of the child are enshrined in section 28 of the Constitution of the Republic of South Africa, 1996. This section expressly sets out that in any matter involving the child, including litigation, the child’s best interests are of paramount importance. In the recent judgment of S v S the Kwa-Zulu Natal High […]

Curatorship: A review of the appointment of a curator bonis

A curator bonis is a person who is appointed to manage the financial affairs of someone declared incapable of managing their own affairs. It is possible for such a curator to be appointed to a person of sound mind but unsound habits, such as a prodigal or someone who suffers from severe physical defects. In […]

Do not overcook restraint of trade provisions

A restraint of trade is an agreement that seeks to restrict a party to carry on a trade, business or profession in such a manner or with such persons that he/she sees fit.  Many people believe restraints of trade to be controversial as there are competing rights – freedom or sanctity of contract on the […]

Rehabilitation in all its shapes and sizes

Being sequestrated by an order of the High Court has a myriad of adverse consequences that could have an inhibiting effect on an individual and his/her freedom to transact and build a new life. The Insolvency Act 24 of 1936 (“the Act”) makes provision for a sequestrated person to be rehabilitated under certain circumstances so that the insolvent person may continue with his or […]

Flipping a property: Keep this in mind

During Season 4 of Modern Family, viewers sat in stitches watching as Cam and Claire tried their luck in house flipping, where a property is bought with the sole purpose of improving it and reselling it at a profit. Needless to say, things went wrong. What else would you expect from a sitcom? And what else would you expect from an episode titled “Flip Flop”? But maybe we can help […]

Mediate rather than litigate

Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a form of alternative dispute resolution. Parties that are involved in a dispute may choose the mediation process to resolve the issues between them, either before […]

Casting the line in the right place

If you want to catch more fish, you cast a wider net. It’s simple logistics. But if we are talking about selling your property, the answer may be the exact opposite. While you do want the highest possible number of prospective buyers to see your property, you only want to catch one. The best way to catch the right fish may prove to be the casting of […]

Can your property rates be reduced during a disaster?

Drakenstein Municipal Policy In terms of Section 15 of the Municipal Property Rates Act 6 of 2004, a municipality may set out criteria in its rates policy in respect of reductions or exemptions to property rates levied on owners of properties who are temporarily without income[1] and owners of properties situated within an area affected […]