Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]
What Implications Does a Lien Have on Eviction Proceedings: Part 1.
In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
Can You Change Your Marital Regime After Marriage?
A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. Understanding marital regimes In South Africa, there are three main marital regimes: In community of property: This is the default […]
When Is It Worthwhile to Pursue Litigation in South Africa?
Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa facing legal disputes, the decision to pursue litigation should not be taken lightly. In this article, we explore when it is worthwhile to pursue litigation. How strong is your […]
The ABCs of lease agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
Understanding South Africa’s Domestic Violence and Harassment Act: A comparative analysis
South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the […]
The Rei Vindicatio and the Actio Ad Exhibendum
This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei vindicatio. This action is instituted in order to claim the physical return of one’s property. The second action, which will […]
Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]
Eviction Order Prior to Removal of Unlawful Informal Settlement Structures on Private Property: Is it Necessary?
Should a land owner obtain an eviction order prior to the removal of informal settlement structures erected unlawfully, and without the land owner’s consent, on his or her private property? When living in South Africa, the sighting of informal settlement structures being erected on vacant land is quite common. Unfortunately, these informal settlements are sometimes […]
