Why a Notary? – Part 1
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public. A Notary is a public functionary authorised by the High Court […]
What Implications Does a Lien Have on Eviction Proceedings: Part 1.
In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]
The dos and don’ts for landlords regarding the rental housing act
In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, […]
The ABCs of lease agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
The ABCs of lease agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
The dos and don’ts for landlords regarding the Rental Housing Act
In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, […]
Intending to buy a state-funded house? Here’s what you need to know
The Constitution of South Africa enshrines the right of everyone to have access to adequate housing. This places a mandatory duty on the state to achieve this right for all South Africans through its available resources. The government introduced the Reconstruction and Development Programme (RDP) as its social housing programme to provide low-income families with […]
Employers of domestic workers must register with COIDA
Domestic workers are now covered under the amended Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) (Act 130 of 1993) and can claim compensation for injuries or diseases sustained while on duty from the Compensation Fund. The deadline to register Domestic Workers is 30 June 2023. “Domestic Workers are the unsung heroines in this […]
Resigning with immediate effect, or not?
Employees often consider to immediately terminate their employment relationship due to a new opportunity arising or to avoid responsibility when faced with disciplinary procedures. Employment relationships are governed by an employment agreement or legal statutes, and in most cases both. If an employer and employee do not expressly agree on the notice period needed for either of them to terminate their relationship, section 37 of the Basic Conditions of Employment Act, 75 of 1997 (the Act) provides for […]
Think before you sign: 5 things to consider before signing a contract
The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There will be no agreement between the parties if there is a counteroffer to an offer. However, if a counteroffer is accepted, there is an agreement or consensus between the […]