When do you become the registered owner of a property? Despite common belief, the finish line when buying and/or selling property is not reached when entering into an agreement of sale or even when signing the transfer documents at the conveyancing attorney’s offices. In fact, the finish line is only crossed once the transfer of the property has been processed and registered at the relevant […]

There has recently been uncertainty and confusion in light of the Supreme Court of Appeal case of Tsambo v Sengadi [2020] ZASCA 46 (“Tsambo case”). Two of these uncertainties include the questions of whether or not lobolo constitutes marriage and whether a valid customary marriage is complied with in terms of section 3(1)(b) of the Recognition of Customary Marriages Act 120 of 1998 (the Act) where […]

Avoid getting your car repossessed In the current economic down turn, you may find yourself falling behind on your monthly car payments. We provide you with all the available options to help you prevent your car from getting repossessed by the bank or loan/credit provider. Times are tough. If you have found yourself drowning in debt, you might even be facing the threat of vehicle […]

South Africa’s unemployment has reached an all-time high and the number of South Africans defaulting on their rent confirms that many are struggling financially. In a report released by Statistics South Africa, the number of people being taken to court for outstanding rental debt is approximately 3 000 per month. It’s a lose-lose situation for both the landlord and the tenant but unfortunately if a tenant […]

If you are stopped at a roadblock, can the police search your car? Are the police entitled to enter your home and search it without a warrant? In this article, we explain when – and under what circumstances – the police can search your home or car. What the law allows In most circumstances, the police should have a warrant issued before searching your car […]

Just like ending a long term relationship, cancelling your cell phone contract can be stressful. But often times, necessary. I am certain there are many of us who have been stuck in bad relationships and have felt that there is no way out. There is. It is about making the decision to get out of it, doing what needs to be done, putting on your […]

Recently, the Information Regulator approached South Africa’s President to issue a commencement date of 1 April 2020 for the remaining provisions of the POPI Act. The government faces growing pressure to take action with the increase in data leaks. Even President Cyril Ramaphosa himself fell victim this year as his private email server was breached. If a country’s leader can fall victim to cybercrime, just […]

Many critics have noticed a trend in court decisions not to invoke POPIA, the Protection of Personal Information Act 4 of 2013, as amended, in its reasoning toward judgments. For example, even the recent order to publish Matric results in the media lacked judgment and could have been an opportunity to apply POPIA. Instead, the courts have relied on the constitutional right to privacy, weighing […]

If you have been following the article series, and have determined that you are the responsible party in terms of the first condition of POPIA, the next step is to assess your compliance with the next two POPIA conditions, which are Process Limitation and Purpose Specification. These conditions regulate when, where and what personal information is processed. Compliance with these conditions entails the responsible party […]

The Minister of Justice and Correctional Services has passed regulations in terms of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA). The regulations were published in the Government Gazette No. 45057 of 27 August 2021. Section 10 of PAIA obliges the Information Officer to update and make available the existing guide that has been compiled by the South African Human Rights […]

It would be best to have an email monitoring policy regarding employees’ private and business use of emails contained in employment contracts. However, how extensive, and intrusive should the policy be? Our Constitution respects a person’s right to privacy. The Protection of Personal Information Act, 2013 (“POPIA”) further entrenches personal data protection rights. An employer is entitled to expect that employees will not use their […]

Now that the Protection of Personal Information Act, 2013 (“POPIA”) has come into effect there has been a scramble by individuals and businesses to ensure their compliance with its various requirements. In many instances, businesses are required to comply with obligations imposed by POPIA without any assistance being provided by South Africa’s Information Regulator. One of the obligations imposed on a responsible party in terms […]

Imagine that you have achieved your dream of owning several properties and becoming a successful landlord. Now your feed is buzzing with queries regarding the properties to rent! Here are some sections you may need to consider before signing a lease agreement. The law The Rental Housing Act, 50 of 1999 governs the relationship between landlord and tenant. It gives guidance and protects both parties […]

Understand the laws that govern and protect both landlord and tenant Many of us live in rented accommodation and some of us are landlords, renting out our residential property for additional income. In either case, you must be familiar with the relevant laws. In this member guide, we examine the fundamental laws of landlord and tenant and look at several significant aspects of the relationship. […]

Can this 2000-year-old commandment effectively address the complexity of contemporary disputes between neighbours? Many have found that trying to love one’s neighbour is not always the easiest thing to do. Now take it a step further – your neighbour decides to offer his/her unit as a short-term rental and registers it with Airbnb. You must now contend with a continuous flow of different neighbours, who […]

One of the first roadblocks prospective tenants face when looking for property to rent is the security deposit. The purpose of a security deposit is to protect the landlord against any possible damage the tenant might cause or to cover the costs should any other unforeseeable event occur. Section 5 (3) of the Rental Housing Act 50 of 1999 requires the landlord to invest a […]

Although most landlords will simply provide you their standard lease agreement, it may not be fit for your business purpose and contrary to your intention for concluding the lease. For example, if you are intending on renting a space for retail purposes, you must ensure that the lease agreement does not preclude you from trading or restricts you to certain hours. An important consideration is […]

So you have been stressing for months about unpaid rent due from your tenant, and you are unsure how to remedy the situation. On top of that, you are unsure if you can evict your tenant legally, as you don’t have a written lease agreement. Whether you have a written lease agreement or not, below are simple yet effective steps to evict your tenant legally. […]