One aspect that is often not considered in great detail during the formation and registration of a juristic person in South Africa is its registered office, also often referred to as its registered address. Parties often opt to use a convenient location as a company’s registered address and do not give it sufficient consideration when registering a company or when moving a company from one location to another. This article will briefly consider the legal requirements relating to a company’s registered office. The Companies and Intellectual Property Commission (CIPC) has done a great deal to st ..read more

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the deceased estate? If yes, under what circumstances would a claim be allowed? The answer to these questions will be explored in light of the Bwanya v Master of the High Court, Cape Town and Others case. The facts of the Bwanya case were as follows: Ms Bwanya and Mr Ruch ..read more

In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look at the work reserved for notaries and a notary’s role in the certification and authentication of documents. One will see the necessity and importance of using a notary. The Deeds Registries Act requires notarial attestation (official certification by a notary) for several types of documents to be registered in the Deeds Office. These include, but are not limited to: Antenuptial contracts; Notarial bonds; Personal servitudes, for example, a usufruct; Praedial ..read more

The default marriage regime has some complicated tax consequences. When couples are caught up in wedding and honeymoon planning, visiting their attorney often takes a backseat. Many couples don’t realise that different marital laws affect how their assets are managed during marriage, divided if it ends, and how they’re taxed. The different legal frameworks determine if a marriage has a community of property between the partners. This idea dates back to when a married couple’s belongings were combined into one estate, usually managed by the husband. The concept of marital power was removed in 1 ..read more

Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public. A Notary is a public functionary authorised by the High Court to draw and attest contracts and other documents.1 Historically, the function of a Notary can be found in Roman and Roman-Dutch Law. In the latter official recognition was given to the office of a Notary by way of an edict dated 2 March 1524.2  According to FE Van der Merwe ..read more

In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, the Rental Housing Act (“the Act”) provides guidance on the rights and responsibilities of both landlords and tenants. Understanding the provisions of this Act is essential for landlords to maintain a positive and lawful landlord-ten ..read more

Chat Generative Pre-Trained Transformer (ChatGPT), a powerful language generation model developed by OpenAI, has garnered significant worldwide attention and utilisation across various industries and professions. In South Africa, the legal profession is no exception. However, employing ChatGPT in legal practice comes with its own set of risks and dangers. This article sheds light on the potential perils of utilising ChatGPT within the legal sphere in South Africa, emphasising the importance of careful consideration and regulatory measures to mitigate these risks effectively. Accuracy and relia ..read more

Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints to boundary issues. Understanding the legal avenues available can help in resolving these matters amicably and lawfully. Here, we explore three common scenarios and their legal resolutions. Scenario 1: Excessive noise The problem In suburban and urban areas, noise can be a significant issue, especially when it disrupts the peace of a residential area. This can range from loud music to construction work that exceed ..read more

In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during the period of their lease, effected certain permanent extensions and renovations to the property and now refuse to vacate the property unless I reimburse them for the extensions and renovations that they made to my property. What are my options as the ..read more

Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about antenuptial agreements What is an Antenuptial Agreement? An antenuptial agreement, commonly known as a prenup, is a legal contract established before marriage, outlining the management of assets and finances d ..read more