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Company amalgamations and a lender’s security under a mortgage bond
Given the language of Sections 116(7)(a) and 116(8) of the Companies Act any registered mortgage bond in favour of a third-party lender (such as a Bank) [...]
Proceed with caution: Transacting with Trusts and Trustees
Our courts have once again sounded the alarm to all trustees and parties transacting with trusts to have regard to the provisions of the trust deed [...]
Is a municipal by-law prohibiting transfer of property without a “SPLUMA Certificate” constitutional and valid?
In an unreported case[1] of the High Court of South Africa, Mpumalanga Division, Middelburg ("Court"), a number of owners of farm portions in rural areas [...]
Energy Performance Certificate for commercial buildings
On 13 January 2020, the Minister of Mineral Resources and Energy published a draft Regulation for the Mandatory Display and Submission of Energy Performance Certificates [...]
Obligation of liquidators to pay rates, taxes and utilities in order to give effect to the transfer of immovable property
by Vivienne Hosiosky, Director and Khathu Neluheni, Senior Associate The COVID‑19 pandemic has had a devastating effect on the South African economy not least of all, [...]
The impact of COVID-19 on the use of common areas
by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Yatheen Ramnath, Candidate Attorney On 15 March 2020 a national state of [...]
SPLUMA Certificate Confusion
By Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Khathu Neluheni, Senior Associate There has been some confusion created [...]
Cleaning house
In the recent judgment of Jordaan and Others v City of Tshwane Metropolitan Municipality and Others[1] the Constitutional Court provided clarity regarding section 118(3) of the [...]
REITS – some clarification of the taxation of investment vehicles in real estate in the form of REITS and controlled companies
A traffic standstill is rarely the result of retail specials; however, on 28 April 2016 the greater Johannesburg area had a gridlock on major highways on [...]
Property buyers may be liable for historical debt
In a recent judgement handed down by the Supreme Court of Appeal, the court ruled that a hypothec created by section 118(3) of the Municipal Systems [...]
