January 18, 2024
Do you need building plans when selling a property? Any building on your property requires approved building plans unless the building is defined as “minor building […]
December 18, 2023
Muslim marriages given full legal recognition. During 2022 the Constitution Court found in Women’s Legal Centre Trust v President of the Republic of South Africa and […]
December 5, 2023
Someone is invading my property – what should I do? When someone invades your property, you have rights! It is imperative that you act immediately. This […]
November 3, 2023
What is a father’s rights if he is not identified on a birth certificate? It is a reality in South Africa that many biological father’s details […]
October 2, 2023
I changed my name, what happens to my property’s title deed? When a person formally changes their name at the Department of Home Affairs (eg. […]
August 28, 2023
Who to choose as the executor of your will? An executor is the person who is appointed by the Master of the High Court to ensure […]
August 10, 2023
Must an employer FICA their employees? Directive 8 and the Public Compliance Communication recently gazetted by the Financial Intelligence Centre provide Accountable Institutions (AI’s) with practical […]
July 19, 2023
WHAT YOU NEED TO KNOW ABOUT SPOUSAL MAINTENANCE Spousal maintenance is an important part of a divorce settlement, as it provides financial support to one spouse […]
May 1, 2023
Why Employers Can’t Afford to Ignore FICA FICA stands for the Financial Intelligence Centre Act and is a law in South Africa aimed at combating money […]
April 20, 2023
Greylisting is not a colour! What is “Greylisting”? The Financial Action Task Force (FATF) is a global inter-governmental body that promotes policies and international standards […]
April 6, 2023
CAN I CLAIM MAINTENANCE FROM MY EX-SPOUSE AFTER THE DIVORCE? In South Africa, there is a legal duty on one spouse to support the other […]
March 6, 2023
SEQUESTRATION OF DEBTORS Sequestration can be executed voluntarily or you may be compelled to be sequestrated when your liabilities exceed your assets. The procedure and requirements […]
February 2, 2023
I have a 12-month contract in place for a residential property. The conditions of the house have deteriorated to such an extent that I feel it […]
January 10, 2023
Sometimes people choose to draw up their own will or they feel the need to put a will in place in a hurry and don’t have […]
January 10, 2023
Are you and your partner living together? If your answer is yes, you might not be aware of the various options available to protect your assets […]
December 5, 2022
In terms of the Constitution of South Africa every person has the right to adequate housing. The right to housing is also closely linked to other […]
December 5, 2022
Is a landlord obliged to upgrade the leased property to ensure that the tenant can live comfortably and conveniently through loadshedding? Landlords have many obligations in […]
November 2, 2022
Is a landlord obliged to upgrade the leased property to ensure that the tenant can live comfortably and conveniently through loadshedding? Landlords have many obligations in […]
September 30, 2022
In South Africa we have laws that regulate when our debt expires. The laws that regulate it is the Prescription Act as well as the National […]
August 25, 2022
Sometimes people choose to draw up their own will or they feel the need to put a will in place in a hurry and don’t have […]
July 22, 2022
DID YOU KNOW? MUSLIM MARRIAGES ARE NOW LEGALLY RECOGNIZED IN SOUTH AFRICA. “We are asking the court not to close the door on women. Give them […]
June 29, 2022
Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to […]
June 29, 2022
When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business […]
May 12, 2022
In recent years, reports of bullying incidents have been on the increase in schools and have reached a point where some have tragically resulted in loss […]
May 12, 2022
Nothing can disrupt a person’s life as much as a dispute between neighbours and even more so when there are building works and renovations involved. Disputes […]
May 12, 2022
We don’t always have the time to express our love and gratitude to our Mom’s but with Mother’s Day having passed we would like to also […]
April 1, 2022
Contracts often contain clauses requiring one or more parties to attend to certain requirements within a specific time period, or, if certain things did not happen […]
April 1, 2022
If you own a pet and live in a complex subject to the Sectional Title Schemes Management Act, this article may be just for you. What […]
March 1, 2022
Only one year left for buildings to comply… Energy Performance Certificates are now mandatory for certain commercial and non-residential buildings (eg. schools, offices, shopping centres and […]
March 1, 2022
Can you believe that March is the start of Autumn already!? We are still working on our summer bodies and winter is already around the corner! […]
March 1, 2022
I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded […]
January 27, 2022
Well, we can keep on doing what we are currently doing by repeating the patterns day after day, month after month or year after year and […]
January 26, 2022
During the years people’s needs might change and trustees or beneficiaries move on to different phases in their lives which might make the use of a […]
January 26, 2022
The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed and witnessed. […]
January 10, 2022
We stand at the threshold of a new year scattered with challenging but exciting prospects. We will not be making new year’s resolutions (the losing weight, […]
January 10, 2022
We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case. Similarly, we are […]
January 10, 2022
The World Health Organisation’s Report on Ageing and Intellectual Disabilities, states that a person with down syndrome is regarded to have an intellectual disability as opposed […]
December 1, 2021
2021 was the year of adapting and renewal for us at Smuts & Co. We have become more tech-savvy and more digital than ever before. We […]
December 1, 2021
Obtaining a bond as a self-employed individual can appear daunting, however, with adequate preparation and support from professionals, your dream to become a home owner is […]
December 1, 2021
Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items that most people have […]
October 29, 2021
Christmas carols are echoing in malls whilst trees with tinsel adorn the isles. We are in the end stretches of 2021 and the pressure to register […]
October 29, 2021
While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. […]
October 29, 2021
As Attorneys, we often get this question. Although it would seem fair that while the father is not contributing to the child’s monthly expenses, he should […]
September 1, 2021
August is done and September is already butting heads with October. Needless to say that we drank way too much coffee the past month and between […]
September 1, 2021
Tax practitioners have been inundated with queries from clients on the possible relief offered by the South African Revenue Service (“SARS”) on the possibility of deducting […]
September 1, 2021
Most homeowners selling their properties have a registered bond that needs to be cancelled with the financial institution that originally financed their purchase. What most homeowners […]
July 30, 2021
Chances are that you asked yourself sometime during the past month – why are we still here in South Africa? And if you are not in […]
July 30, 2021
What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing […]
July 30, 2021
Many clients are under the impression that a document can be emailed to them, they can print it, sign and then post the originally signed document […]
June 28, 2021
The Civilian Secretariat for Police Service (CSP) called for public comment on a draft of the Firearms Control Amendment Bill. In a summary the draft shows […]
June 28, 2021
When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court order may cause you to be in […]
June 1, 2021
Passing off is a delictual remedy that is derived from English law and has been implemented in South African law. The most authoritative definition of passing off was given in the Capital Estate and General Agencies […]
June 1, 2021
As attorneys, we tend to deal with situations where clients are under the impression that once a person is in breach of a contract, the contract […]
June 1, 2021
We saw an interesting post on social media during this week. It read “I don’t know a single successful person who leaves their shopping cart in […]
May 4, 2021
April was a sad month for the Mother City dealing with the aftermath of the devastating Rhodes Memorial fire. While the fire has been contained, as […]
May 4, 2021
Buying a property, especially if it is your first home, is often an emotional and stressful experience. We have identified the top tips in making the […]
May 4, 2021
The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with […]
April 20, 2021
The year is quickly gaining momentum and the feeling of being overwhelmed by what still needs to be done is present in most aspects of our […]
April 20, 2021
As attorneys we normally only get involved at the end stage of the home selling process, but this also means that we encounter all the pitfalls […]
April 20, 2021
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship […]
March 26, 2021
It often happens that employers give instructions to employees that do not form part of their usual routine. This article will briefly discuss whether employees are obliged to execute all instructions […]
March 23, 2021
Most people must work in order to survive, but for us at Smuts & Co Attorneys it is not only a way to earn a living, […]
March 23, 2021
It often happens that employers give instructions to employees that do not form part of their usual routine. This article will briefly discuss whether employees are obliged to execute all instructions […]
March 23, 2021
Lockdown was hard, but even harder on some of our pockets. If you are concerned you might be blacklisted or that your credit record has been […]
February 15, 2021
In South Africa customary law marriages are governed by customary law, namely the Recognition of Customary Marriages Act and the Matrimonial Property Act. If a couple […]
February 15, 2021
Most people living with a criminal record will be able to explain precisely how the smallest of criminal offences can have a big impact on your […]
February 15, 2021
The first month of 2021 is done and dusted. In the blink of an eye people will be putting up Christmas decorations, announcing a new year […]
January 18, 2021
The question most people ask, when it comes to the administration of an estate of a loved one, is when will the estate come to a […]
January 18, 2021
2020 was a year that will always be remembered for a variety of reasons. Apart from the obvious invasion of COVID around the world, South Africa […]
December 11, 2020
Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, […]
December 11, 2020
General or Special power of attorney?Special and General powers of attorneys are useful tools in property transactions. What is a power of attorney? A power of […]
November 17, 2020
Can anyone register a trust? Yes, but it is a costly and administratively complicated process and it is therefore not suited for every individual. In the […]
November 17, 2020
The property market was labelled a buyer’s market for most of 2020. Even though the year proved to be disastrous in many respects, many factors were […]
November 17, 2020
It is easy to tell when we get close to the end of the year as the November rush starts. During this time clients realise that […]
October 15, 2020
During Season 4 of Modern Family, viewers sat in stitches watching as Cam and Claire tried their luck in house flipping, where a property is bought with the sole purpose of improving it […]
October 15, 2020
The Lockdown has resulted in various rental disputes between landlords and tenants. These disputes include tenants not paying rent as a result of inadequate or no […]
September 10, 2020
In South Africa it is a real risk that your house will be repossessed by financial institutions and sold on auction if you continuously default on […]
September 10, 2020
I gave instructions to my attorney to prepare a Will for me as my most recent Will no longer reflected my wishes. My attorney emailed the Will to me with clear instructions as […]
September 10, 2020
Spring normally marks the end of winter and represent renewal and new beginnings. As we enter the “new normal” and different ways of doing business we […]
August 7, 2020
The last few months have been extremely tough for small business owners as a result of the global COVID-19 pandemic, and various lockdown measures that have created a challenging trading […]
August 7, 2020
It is always exciting for prospective buyers to start house hunting and find that perfect property or dream home. However, signing to purchase a property is […]
July 15, 2020
As the old adage goes, change is as good as a holiday. But the way that the novel coronavirus has shaken up the world we live […]
July 15, 2020
– by Natasha Davidtz The Department of Rural Development and Land Reform issued Regulations bringing about an amendment to Regulation 68 of the Deeds Registries Act, […]
June 17, 2020
How do I report an estate to the Master? A deceased estate comes into existence when a person dies leaving property or a Will or a document which […]
June 17, 2020
South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a […]
May 14, 2020
On Thursday 07 May 2020 the Minister of Cooperative Government and Traditional Affairs issued directions in terms of section 27(2)(f) of the Disaster Management Act, 2002 […]
May 14, 2020
People the world over are fascinated by any “get rich quick” scheme and South Africans are no exception. With COVID-19 taking its toll on desperate South […]
May 14, 2020
On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020.On 30 March […]
May 14, 2020
The last few weeks have seen huge changes in the way we live our lives. The demand for wills has surged during the COVID-19 pandemic, which […]
April 24, 2020
The COVID-19 pandemic has spread across the globe and left economic destruction in its path. Now, more than ever, it is of utmost importance to take […]
April 24, 2020
Unfortunately, during the lockdown period only urgent matters arising from the activities associated with disaster management will be attended to.All is however not at a deadlock […]
April 24, 2020
Ensuring their children are cared for when they pass away is one of the primary reasons people draw up a will. But what happens when the […]
April 24, 2020
At the end of the national lockdown, many South Africans will have gotten to know their properties better than the architects who designed them. For some, […]
August 12, 2019
The Property Practitioners Act (PPA) is new legislation that will replace the current act regulating estate agents. When does it come into effect? The legislator has […]
January 31, 2019
Losing a partner or a spouse is traumatic enough but being unprepared for the practical financial realities of death can make it all the more devastating. […]
January 31, 2019
In the olden days the question of which marriage regime one would choose to be applicable on one’s marriage was not specifically relevant unless one of […]
January 31, 2019
Previously the process of replacing a lost title deed was fairly straight forward, but with the amendments to the Deeds Registries Act Regulations 68(1) and 68(11) […]