On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to...

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and efficiency. From large corporations to small businesses, organizations are embracing electronic signatures to...

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local...

When considering the purchase of a unit within a complex, it’s crucial to look beyond the surface-level expenses such as the advertised levies. Without thorough research, potential buyers may find themselves facing unexpected financial burdens. The structure of...

When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the...

For buyers, the prospect of a new home can be exciting and daunting. You saw a house that you are interested in buying, and you want to seal the deal before somebody else does. You sign the Offer to Purchase, then only crunch the numbers and realise you can’t afford...

You have been living in your new house for a year or two when the issues start – cracks, and more cracks – all serious and structural. So, can you hold the previous owner liable for this, or have you waited too long? In short, the answer is ‘yes’, but there is a time...

Home buyers are often worried about the risk of discovering a latent defect after they have bought a home, particularly where sellers may have gone to some length to hide the defects to get the house sold. In this article we take a look at the role prescription plays...

Trustees should take note of additional requirements relating to the filing of provisional Trust tax returns in January 2024 as SARS climbs on the beneficial ownership reporting train. Filing tax returns for a trust is no longer as straightforward as it used to be....

When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look...