Insights

07
Feb
2017
Property

Pre Emptive Right: Proper vis-à-vis Pre Emptive Right – Condition

A right of pre‑emption proper is a right affording the grantee a preference to buy a particular property should the grantor (owner) wish to sell it (Hirschowitz v Moolman 1985 (3) SA 739 (A)).
07
Feb
2017
New Publications

Change of Customary Marriage System Into a Civil Marriage System

Proprietary Consequences of a Customary Marriage Marriages in community of property In terms of section 7(2) of the Act, read with the case of Gumede v President of the Republic of South Africa CCT 50/08 [2008] ZACC 23, a customary marriage entered into before or after the coming into operation of the Recognition of Customary Marriages Act 120 of 1998 (the “Act”), in which a spouse is not a partner in any other existing customary marriage (monogamous customary marriage), is a marriage in community of property and of profit and loss.
07
Feb
2017
Environmental and Mining

News Flash No 01/2017

PROTECTED AREAS: CULTURAL HERITAGE SURVEY GUIDELINES PUBLIC COMMENT.
06
Feb
2017
Property

Change of Customary Marriage System Into a Civil Marriage System

Proprietary Consequences of a Customary Marriage Marriages in community of property In terms of section 7(2) of the Act, read with the case of Gumede v President of the Republic of South Africa CCT 50/08 [2008] ZACC 23, a customary marriage entered into before or after the coming into operation of the Recognition of Customary Marriages Act 120 of 1998 (the “Act”), in which a spouse is not a partner in any other existing customary marriage (monogamous customary marriage), is a marriage in community of property and of profit and loss.
06
Feb
2017
Property

Conversion of a Share Block Scheme Into Sectional Title Ownership

It stands to reason that in view of the different legislation governing the transfers that the practices and procedures will differ.
30
Jan
2017
Property

Property News Flash 03/2017

LIFE RIGHTS IN TERMS OF ACT 65 OF 1988.
16
Jan
2017
Property

Property News Flash 02/2017

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16
Jan
2017
Property

Mandament of Spolie

Case No: 5250/2016.
13
Jan
2017
Environmental and Mining

EnviroMac December 2016

Legal updates and commentary from our Environmental and Mining Law team for December 2016.
13
Jan
2017
Environmental and Mining

AIR QUALITY MANAGEMENT BY-LAW

The Emalahleni Local Municipal Council has, in in terms of section 13(a) of the Local Government: Municipal Systems Act 32 of 2000, section 156(2) of the Constitution of the Republic of South Africa and section 11(1) of the NEM:AQA, published the Air Quality Management By-law.
13
Jan
2017
Environmental and Mining

SEWAGE DISPOSAL BY-LAW

The eThekwini Municipal Council has enacted, in terms of section 12 of the Local Government: Municipal Systems Act 32 of 2000, the Sewage Disposal By-law, 2015.
13
Jan
2017
Environmental and Mining

CONSULTATION PROCESS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (ACT 57 OF 2003): INTENTION TO AMEND THE DECLARATION OF THE SEEKOEIVLEI NATURE RESERVE

The MEC for the Free State Department of Economic and Small Business Development, Tourism and Environmental Affairs has, in terms of section 33 (1)(a) of the NEM:PAA, given notice of his intention to amend the original declaration of the Seekoeivlei Nature Reserve (Declared in terms of Gazette Notice (Administrators Notice) 32 of 10 February 1978) by declaring the properties reflected in the schedule to this notice as additions to and as part of the Seekoeivlei Nature Reserve.