Amended Regulations affecting the movement of children between co-holders of parental rights
Amended Regulations issued on 16 April 2020 under Government Gazette number 43232, no. R 465, in terms of section 27(2) of the Disaster Management Act. In terms of the amended Regulations, children may be moved between parents / co-holders of parental rights during the COVID-19 lock-down period, should the following be in place: A court […]
I cannot afford my monthly credit payments. Is the only option sequestration?
Over-indebted consumers may find Debt Counselling to be a viable option in reducing their monthly obligations until they get back on their feet. This is a process that is used to help over-indebted South African consumers with debt relief with the goal to reduce and ultimately eliminate their debt. The Debt Counselling process is conducted by […]
Does COVID-19 constitute a force majeure event for tenants
Force Majeure is defined generally as any event or condition, not existing at the date of signature of a contract, not reasonably foreseeable as of such date and not reasonably within the control of either party, which prevents, in whole or in significant part, the performance by one of the parties of its contractual obligations, […]
Landlords beware: What happens when your tenant is liquidated?
Most landlords will argue that they will have no trouble in terminating a lease agreement and evicting the tenant should the lessee go under business rescue, liquidation or sequestration, as a clause was included in their agreement which enables them to terminate in these circumstances. The clause mentioned above, does not however provide any protection […]
Disaster management & covid-19
On 15 March the South African government declared a national state of disaster. In order to contain the spread of COVID-19 (“the virus”) which is now a global pandemic, strict new measures have been introduced through Regulations issued in terms of the Disaster Management Act. Here are some to the point Q & A’s of […]
Choosing guardians for your minor children
Choosing guardians for your children is one of the hardest and most important decisions you will ever have to make. The thought of someone other than you raising your precious children is gut-wrenching. The worst part about it? You’ll never be fully comfortable with the choice, because no one can do as good a job […]
Ever had a maintenance issue and had no idea how the process works?
The maintenance clause in a divorce order is not final in the sense that it can never be altered. It is possible to do so by way of approaching the Maintenance Court on application for an enforcement of the maintenance order or substitution of existing maintenance order. The Maintenance Officer will consider certain factors when […]
Renting property under debt review
“I’ve been struggling to pay off my debt and to manage my finances. As a result, I am now under debt review. Can I still rent a property even though I am under debt review?” The answer, in short, is yes. The process of debt review is considered to be a saving grace for those […]
The Cybercrimes Bill: Malicious messaging over social media could send you to jail
South Africans will soon have to be much more careful and think twice about the messages they send over WhatsApp and other social media platforms, as the Cybercrimes Bill (“the Bill”), which was recently adopted into law and is in the process of being enacted, attempts to police malicious messaging. Cybercrime is on the rise […]
Acquisition of immovable property as a non-resident in South Africa
ACQUISITION OF IMMOVABLE PROPERTY AS A NON-RESIDENT IN SOUTH AFRICA Introduction 1.1 Purchasing and taking transfer of ownership of immovable property (land) in South Africa is a fairly easy and uncomplicated process. 1.2 South Africa’s system of land registration is considered one of the best in the world. Precise records of ownership, bonds, servitudes, etc. […]