WHAT IS THE TRUE PURPOSE OF A SUBPOENA DUCES TECUM?
Background: Subpoena duces tecum is a Latin term which means “you shall bring with you” and is a mechanism catered for in terms of South African common law. The South African rules of court allow a party to litigation proceedings to compel a witness to produce any...
What legal costs can a creditor charge a debtor to recover outstanding debt?
When times are tough, you may not get around to paying all your bills. But be warned, if neglected for too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder...
Can you avoid bond cancellation costs?
When your property is in the market and you cancel your bond, is there any way to avoid the bank’s cancellation fee? When you cancel your mortgage bond, most banks will contractually charge you a cancellation fee. Such fees can be for early termination of the bond or...
REPLACING LOST TITLE DEEDS
Here is the new procedure for obtaining a certified (VA) copy Last year we warned you of a change in the process of obtaining a copy (what is known as a VA copy) of a title deed which has been misplaced. The new process was pended for some months but as of 1 January...
Can I run an Airbnb from my sectional title unit?
“I am an owner of a sectional title unit and would like to advertise my unit for short term rentals on Airbnb, is this legally allowed?” A lot of sectional title owners are usually investors in the property market and purchased a unit for the sole purpose of renting...
How should co-executors of a deceased estate act?
“My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my...
How are maintenance orders granted during a divorce?
The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled to receive spousal maintenance rests in the hands of the court and is regulated by section 7 of the Divorce...
Living in a mixed-use building: What to look out for
ven before the pandemic changed the way we see our home and work environments, with many finding for the first time that these two could be the same place, centrally located accommodation had already been taking the real estate world by storm....
Can I run a business from a residential property?
“I’m looking at buying an old house and renovating such to use as offices for my general medical practice. In the area that I’m looking at there are a number of small businesses also operating from houses. However, I want to make sure I’m allowed to run my practice...
CCTV cameras in the workplace? Allowed or not?
“We have had a spate of thefts in our business over the last few months. Yet none of our employees ever see anything or know anything, which have us thinking that the thefts may be wider than just one or two employees. We are considering installing CCTV cameras to...











