by Honey-AdminLiability of trustees in terms of negligent acts
30 August 2021 | A Stoltz Trusts in South Africa are primarily governed by trust law, known as the Trust Property Control Act No. 57 of 1988 (hereinafter referred to as “TPCA”). In terms of the TPCA, trustees` duties are subject to the requirements and provisions stipulated in the TPCA as well as the trust deed of the specific trust in question. Furthermore, the law governing...
by Honey-AdminElectronic Signatures: Borcherds and another v Duxbury and others
1. The use of electronic signatures by parties on various documents has become common practice in South Africa. The Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), which specifically provides for the use of electronic signatures in section 13 thereof, has been in force since 30 August 2002.
by Honey-AdminMatrimonial property regimes
Getting married is one of the biggest steps that a person can take in his or her lifetime. It’s also a very exciting time for a couple and usually entails a magnitude of planning and administration. Finding the correct wedding venue, inviting all of the guests, appointing a Marriage Officer, catering arrangements, decor and music are typically all things that need to be arranged and can take a...
by Honey-AdminWhat is the legal implications to buy or sell a property “voetstoots”?
“Voetstoots” has its origins in South Africa’s Roman-Dutch law heritage and translates to: “to push a thing sold with one’s foot to indicate delivery and not come back with complaints later”. This means to sell or buy a property “as it stands” or in the condition in which the property is at the time of the sale.
by Honey-AdminOrgan of State as defendant, giving notice and condonation
More often than not Organs of State find themselves as cited Defendants in personal injury claims stretching from public liability to unlawful arrest and detention. If an Organ of State is indeed identified as being your nominated Defendant it is important to note that the first step in instituting action does not merely entail the issuing and service of summons. Section 3(1)(a) of The...
by Honey-AdminMediation in litigation
As a point of departure Mediation, in short, is a process whereby a neutral and independent person assists parties to discuss the matter at hand, agree on issues in dispute and ultimately attempts to have the parties reach agreement and resolve the dispute between them. It is important to note that the Mediator is not an adjudicator, nor an advisor and simply facilitates the process between...
by Honey-AdminPrescription periods applicable to claims against the Road Accident Fund
Prescription is when a debt arising from a cause of action is extinguished after a determined period of time has elapsed. It is regulated by the Prescription Act 68 of 1969 and starts to run on the day that the debt becomes legally due to be paid. The general prescription period applicable in most cases run for a period of three years. The prescription periods in relation to Road Accident Fund...
by Honey-AdminDoes your body corporate have a 10 year maintenance plan?
On 7 October 2016, the new Sectional Titles Scheme Management Act of 2011 (better known as “STSMA”) come into operation and changed a lot of things in the conveyancing industry. Due to this new legislation, a body corporate are now compelled to make provision for a reserve fund on an ongoing basis over a period of 10 years. This means that this reserve fund is a second additional...
by Honey-AdminThe relevance of Force Majeure and contractual obligations during a pandemic
On 26 March 2020, South Africans experienced the unknown phenomenon of a national lockdown. Unprecedented regulations where implemented by the South African Government, that required all South Africans to stay home and non-essential traders and businesses were required to temporarily close their doors, as to curb the spread of the COVID 19 Coronavirus.
by Honey-Admin