Article written by Alisha Naik and Precious Mmako, Candidate Attorney’s, checked by Simone Jansen van Rensburg, Associate and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys 13 December 2021 INTRODUCTION Under South African law, if prospective spouses do not execute an antenuptial contract (“ANC”) prior to their marriage, they shall automatically be married in community

Article written by Celeste Frank, Candidate Attorney, checked and released by Jordan Dias, Associate at Schindlers Attorneys 13 December 2021 BACKGROUND Mr. Pillay, the Applicant sought the final sequestration of the Respondents’ joint estate Being Mr Imani, the First Respondent, who was married in community of property to Mrs. Imani, the Second Respondent. The First

Article written by S’negugu Dlamini, Candidate Attorney, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 13 December 2021 What are “Rates Clearance Figures”? When a seller sells a property, he/she/it is required by law to obtain a rates clearance certificate (“RCC”) from the local municipality, which certifies that all rates and other municipal

Article written by Elani Vogel, Candidate Attorney, checked by Loyiso Bavuma, and released by Caitlin Wilde, Partner at Schindlers Attorneys 10 December 2021 Introduction Rule 23(1) of the Uniform Rules of Court (“the Rules”) deals with exceptions. An exception is a legal objection to an opponent’s pleading. It complains of a defect inherent in the

Article written by Megan Brook, Candidate Attorney, checked and released by Kerry Theunissen, Senior Associate at Schindlers Attorneys Background facts The Appellants owned numerous farms which were utilised for the production of maize and sunflowers. In 2015, the Appellants concluded several agreements in terms of which they sold 14 (fourteen) portions of the farms to

LOCAL AUTHORITY NOTICE CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY Notice is hereby given in terms of Section 20 (3) Of the Spatial Planning and Land Use Management Act 2013 (Act No. 16 of 2013) that the City, at its Ordinary Council meeting on 26 August 2021, declared its intention to review its Spatial Development Framework 2040

Article written by Stefano de Gouveia, Candidate Attorney, checked and released by Keane Roberston, Partner at Schindlers Attorneys 24 November 2021 INTRODUCTION This case concerns the procedural issues pertaining to Uniform Rule 41A, which relates to referring disputes to mediation. Uniform Rule 41A(2)(a) states that “in every new action or application proceeding, the plaintiff or

INTRODUCTION In every sale of immovable property, transfer duty or VAT is payable. However, in transactions where the seller is registered for Value Added Tax (VAT) then VAT may be payable. VAT is an indirect tax that is leviable on the supply of goods and services by a registered VAT vendor (Vendor). Output tax is

Article written by S’negugu Dlamini, Candidate Attorney, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 18 November 2021 What are “Rates Clearance Figures”?When a seller sells a property, he/she/it is required by law to obtain a rates clearance certificate (“RCC”) from the local municipality, which certifies that all rates and other municipal charges

Article written by Marc Barros Gevers, Candidate Attorney, checked and released by Keane Robertson, Partner at Schindlers Attorneys 24 November 2021 Background In this case the Appellant’s attorney brought an application in terms of rule 49(1) of the Magistrates’ Courts Rules for the recission of judgment granted by default. Rule 49 provides: (1) A party