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Body Corporates Loans

By Chantelle Gladwin-Wood, Partner; Lisa Schmidt, Associate andAyanda David Katjitae, Associate Introduction Many owners living in sectional title schemes fail to pay their levies on time or at all in terms of their management contracts.  Management contracts (which are contracts that deal with the obligations and duties of the managing agent as prescribed by the
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Squatter Rights

By Chantelle Gladwin-Wood, Partner and Anja Van Wijk, Senior Associate Introduction This article examines what “squatter rights” are in the context of the South African Law of Landlord and Tenant, in relation to both commercial and residential property. What is a squatter? A squatter is any person or organisation that continues to occupy a property
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Lockdown Level 3: Sectional Title Schemes and Homeowners Associations

By Lisa Schmidt, Associate and Ayanda David Katjitae, Associate Introduction This article will address the implications of level 3 lockdown regulations in sectional title schemes and homeowners’ associations (“community schemes”). Movement Within Community Schemes During level 5 and 4 of lockdown, owners and tenants living in sectional title schemes were required to remain within their
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Protection Orders: Overview and Procedure

By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction The purpose of this article is to provide the reader with a basic overview and understanding of the remedies against domestic violence and harassment. On 13 May 2020, President Cyril Ramaphosa noted during his address to the nation that, during the period of the National
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DH Construction Technologies CC v Chad Construction (45546/17) [2020] ZAGPPHC 40

By Snazo Tuswa and checked by Jordan Dias    Background The matter is premised on the provisions of section 345(a)(i) of the repealed Companies Act 61 of 1973 (“the Act”), which provides that a company will be deemed to be unable to pay its debts if the creditor of said company has served a demand
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