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May 20, 2020
CHALLENGES AND CONSIDERATIONS RELATING TO NEW SECTIONAL TITLE DEVELOPMENTS
In a sectional title development, and especially one where the development takes place in phases, there are a number of legal requirements to be complied with, which if not properly understood and dealt with from inception, can delay the process and become obstacles. This article highlights some of the key factors which need to be considered from the outset and dealt with as soon as practically possible.
May 14, 2020
UNDERSTANDING MEDIATION AND ARBITRATION
To address, prevent and combat the spread of COVID-19 in courts, court precincts and Justice Service Points in South Africa the Minister of Justice and Constitutional Development issued Directions in terms of Regulation 4(2) of the Regulations under the Disaster Management Act of 2002. Section 24 of the Directions issued on 4 May 2020 encourages parties to civil disputes to consider alternative dispute resolution in the form of mediation and arbitration to resolve disputes. In this article we unpack the concepts of mediation and arbitration, discussing some critical differences applicable to each concept.
April 22, 2020
COVID-19: THE RIGHT TO PRIVACY vs THE SAFETY AND HEALTH OF ALL SOUTH AFRICANS
One cannot deny that cellular phones and wireless electronic devices are vital communication tools which have become necessary for full participation in modern life. However, they are also powerful tracking devices that may be used to infringe on individual privacy. In terms of South African Law, the right to privacy is protected in terms of the common law and section 14 of the Constitution of South Africa, 1996
April 17, 2020
ARE THE RIGHTS OF PARENTS “LOCKED DOWN” DURING THIS LOCKDOWN?
Various regulations and directives have been issued since our President declared the 21-day lockdown which commenced on 27 March 2020 (the “Lockdown”), in response to the COVID-19 virus. The Lockdown was extended by our President on 09 April 2020 for a further 14 days. The extension has placed pressure on many different sectors in our country, social development being one of them.
April 17, 2020
HOW DOES ONE DE-REGISTER OR TERMINATE A TRUST?
The Trust Property Control Act makes no provision or specific measures to be complied with for the deregistration of a trust. Deregistration is an internal administrative action to facilitate the management of trust files in the Master’s office. The common law however makes provision for the termination of a trust by operation of law in the following circumstances, by statute, fulfilment of the object of the trust, failure of the beneficiary, renunciation or repudiation by the beneficiary, destruction of the trust property or the operation of a resolutive condition.
April 17, 2020
NON-ESSENTIAL CARGO AND THE LOCKDOWN
The amendment to the lockdown regulations on 02 April 2020 exempted the movement of cargo from ports of entry to their intended destination, on condition that necessary precautions have been taken to sanitise and disinfect such cargo. Prior to the amendment, only cargo considered to fall within the definition of essential goods and services was permitted to be moved.
