Beyond CSOS: How the Parch Properties v Summervale Ruling Reaffirms Your Right to Approach the Courts

By Alexander Ferguson – Attorney, Cilliers & Reynders Inc. For years, many homeowners, trustees and even practitioners have assumed that disputes inside community schemes—especially disagreements about governance, voting, amendments to constitutions and rule changes—had to be resolved through the Community Schemes Ombud Service (CSOS). The Ombud was treated almost as a compulsory gateway. The Supreme […]

Does a Settlement Agreement Constitute a Credit Agreement?

In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). The court’s decision, which emphasised the importance of preserving the amicable resolution of disputes, shed light on the intricate interplay between settlement […]

Mountain bike adventure from Windhoek to Swakopmund in Namibia

Towards the end of April 2021 Henk and 13 other “gryskoppe” traversed by mountain bike from Windhoek to Swakopmund in Namibia. The route we followed was the traditional desert dash Mountain bike race route which is described as “More than an endurance mountain bike race, the FNB Desert Dash is a wild beast that lures […]

SARS’ power to appoint a bank as a collecting agent

In SIP Project Managers (Pty) Ltd v CSARS (29 April 2020), the Gauteng Division of the High Court ruled against SARS on the appointment of a third-party (Standard Bank, in this case) to collect tax debts from taxpayers’ accounts. The matter was an application for declaratory relief against SARS for such an appointment to be set aside […]