22
Jan '18

In our last blog we looked at proprietary rights on divorce.

Today we look specifically at pension benefits at divorce.

One needs to be very careful about how retirement benefits are divided between spouses at the time of a divorce. Many people including their own attorneys get it wrong and leave non-member spouses, in particular, financially vulnerable as a result. And some of those getting it wrong are the so-called experts including divorce lawyers and retirement fund trustees and advisors.

22
Jan '18

It is a sad fact of life that many of our marriages end up in a divorce; and as the statistics imply that up to two-thirds of all marriages, depending on where you live and into what social bracket you fall, end in a divorce; it is advisable to know your rights.

A divorce order should cover the dissolution of the marriage, custody, guardianship and care of children, maintenance for the spouse (if applicable) and the division of/or be awarding of assets and liabilities acquired before, during and at the end of the marriage relationship.

25
Jan '18

We get asked both telephonically and by e-mail a number of questions on Labour Law which come up time and time again and so we thought we would just answer certain of these questions in this short blog so that the answers are there for all to see.

25
Jan '18

In the matter of Mashinini v Barrel & Beef restaurant, CCMA Arbitration FS1420 the question of whether a dismissal was fair or not was the issue in the Arbitration Hearing.

25
Jan '18

We had an interesting scenario and query raised with us last week.

It was an inquiry from an employer whose employee had helped himself to money that was due to him.

09
Apr '18

 dish moving 900 x 500

A fixture is a moveable item that becomes a part of the immovable property by virtue of attachment.

Yesterday; we had an inquiry from someone who wanted to know the answer to the above question.

Can he?

01
Apr '18

municipal debt 600x

“No,” you cannot be held liable for payment of the property rates.

Herewith the real question: Can a seller be held to ransom after selling his/her property and applying for a rates clearance certificate for future municipal debts which may occur to the property involved?

Recently; we received the following query from a seller who had sold her house in Johannesburg. 

“I have just sold my house and the conveyancers applied for a rates clearance certificate as it is required in the transfer process. The municipality has now requested me to pay the estimated rates until the end of their financial year, which will be months after my house has been transferred to the new owner; and they will not issue the rates clearance until I pay them the sum they want.

How can I be held to ransom for these future rates just because I need a rates clearance certificate now?”

12
Mar '18

Land e1487938207370

Expropriation without Compensation: Part 2:

We continue where we left off last week with a continuation of the interpretation of section 25 of the Constitution.

Section 25 subsection 4 reads:

“For the purposes of this subsection:-

  • (a) The public interest includes the nation’s commitment to land reform and to reforms to bring about equitable access to all South Africa’s natural resources; and
  • (b) Property is not limited to land.”

07
Feb '18

In our last blog, we looked at a case study of the possible problems that can arise when buying a house.
Let us look at the transfer process.

The transfer process can be described in a step by step conveyancing process.

04
Feb '18

The ownership of our own home is a dream which all of us have; but not all of us will realise; and when the opportunity to own your own home knocks; do your homework! Get advice and in that way you will not make any mistakes.
A recent unreported case of Hlabane and Another versus Sebotsa and Others is a lesson to be learned.

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