Legal Articles

In a landmark judgment handed down by the Gauteng Division of the High Court, the court made it clear that bodies corporate may not withhold a levy clearance certificate as a means of enforcing compliance with scheme rules or municipal laws — where all financial obligations to the body corporate have already been met.

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Estate administration can be held up by a wide range of issues — many of which are avoidable with proper foresight. While some delays are due to regulatory backlogs or institutional inefficiencies, many are caused by personal oversights that could have been addressed well in advance. Understanding these obstacles is key to preventing unnecessary hardship for the family members left behind.

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The Monetary Policy Committee (MPC) of the Reserve Bank lowered the repo rate by 25 basis points at its May policy meeting, after stalling the rate-cutting cycle in March. This was the fourth rate cut since September last year, with the prime overdraft rate of the commercial banks now standing at 10.75%. Compared to the beginning of 2020 (just before the Covid-19 pandemic), the prime rate is still 75 basis points higher. 

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Transfer duty is often confused with transfer fees, but the two are not the same. While transfer duty is a tax paid to the government, transfer fees refer to the professional legal fees paid to a conveyancing attorney for managing the legal transfer of ownership. Both are payable during the transfer process, but they serve very different purposes. 

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Choosing trustees is one of the most consequential choices you will make when establishing a trust. Trustees are the people—or professionals—who will hold legal control over the assets in your trust and make decisions that directly affect your beneficiaries.

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Some stakeholders have argued that, due to the rise in crime in certain neighbourhoods, automated systems enhance security in gated areas. They believe the existing policy does not adequately reflect this benefit. As a result, the proposed amendments now include provisions that would allow the installation of automated security systems, provided certain requirements are fulfilled.

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A Rates Clearance Certificate is an official document issued by the local municipality confirming that all municipal charges linked to a property have been settled. This includes rates, water, electricity, refuse removal, and sewerage services — along with an advance payment covering a few months beyond the application date.

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A contract is only enforceable under South African law if it meets certain essential requirements. At its core, a legally binding contract is an agreement between two or more parties with the intention to create enforceable obligations.

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In most cases, South African banks require 90 days’ written notice before a bond can be cancelled. If this notice is not given, or if the bond is cancelled before the notice period expires, the bank is entitled to charge early termination fees. These costs are in addition to the standard legal and administrative fees involved in bond cancellation.

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A property compliance inspection is a formal assessment carried out by a qualified inspector to determine whether certain features of a home meet South Africa’s safety regulations. These inspections focus on systems that pose a risk if they’re not correctly installed or maintained — such as electrical wiring, gas appliances, water systems, or electric fences.

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