Legal Articles and Guides
Has your property transfer gone wrong or is it about to go wrong? Deeds office delays? Bad advice from your attorney? Need proper advice from a Conveyancer? Ask a qualified Lawyer to help solve your legal dilemmas today.
The indigenous community of Salem in the Eastern Cape does not have exclusive rights to the thousand hectares of valuable farmland that makes up the Salem Commonage‚ the Constitutional Court ruled yesterday in dismissing the settlers’ appeal against judgments of the Land Claims Court and the SCA.
The Nelson Mandela Bay Municipality has more than quadrupled its property portfolio after uncovering a scam it believes has fleeced the metro out of hundreds of millions of rands. The discovery, which implicates several municipal employees, comes after a land audit revealed thousands of ‘off the books’ properties owned by the municipality all over the Bay.
With the Constitutional Court having refused to hear the R60bn class action suit launched against the major lending banks, the case is heading to the Gauteng High Court (Johannesburg) early in the new year. The class action suit was filed in the Constitutional Court in August by more than 225 applicants whose homes were repossessed and sold at sheriffs’ auctions for a fraction of their market value.
The Constitutional Court has held that the rules of the temporary shelter provided by the City of Johannesburg infringed on the residents’ rights to dignity‚ freedom and security of the person and privacy. A TimesLIVE report says the shelter not only did not allow spouses to sleep together but that residents had to leave in the morning and return before lockdown every night.
In three separate matters before the Durban Commercial Crimes Court, five suspects, including Clare Estate attorney Ajay Deba, have been accused of fraud and theft for their alleged involvement in the illegal sale of numerous properties in Phoenix, says a Sunday Tribune report. The scams, which began in 2014, include falsely advertising houses for sale without the knowledge of the owner. Narisha Ramsunder is accused of colluding with Christine Boalch and Stephanie Pillay and scamming people who wanted to buy property in Westham, Phoenix, last year.
Johannesburg attorney Gilad Cohen believes the Constitutional Court’s decision to dismiss an application to access the court by defaulting debtors who cannot meet their home loan payments does not help to alleviate unscrupulous behaviour by resellers, according to a Business Day report.
An application for direct access to the Constitutional Court on behalf of some 200 people, objecting to the conduct of the nation’s largest banks and home loan providers in attaching and selling the homes of defaulting debtors at prices below market value, has been dismissed, says a Moneyweb report.
Private estates cannot enforce road traffic law or ‘domestic rules’ similar to the curfews and pass laws of the apartheid era‚ the KZN High Court (Pietermaritzburg) has ruled. A TimesLIVE report notes the judgment ended a long-running case brought by Niemesh Singh‚ a resident of Mount Edgecombe Country Club Estate‚ who argued that speed trapping in the estate was unlawful.
Former Mthatha Judge Duncan Dukada’s widow Hlombekazi Dukada will get half of most of the assets accumulated during their 40-year marriage despite their holding separate estates in terms of their marriage property regime, notes a Saturday Dispatch report. The Eastern Cape High Court (Mthatha) ruled that Dukada and his wife had formed a tacit partnership agreement during 1990 in respect of their family businesses and that they had conducted their growing empire – which included hardware stores, a bookshop, tiling and supermarket franchises – as equal partners until the death of Dukada last year.
Property buyers who have been conned into parting with thousands of rands in a housing scam have been advised by the Attorneys Fidelity Fund to submit claims directly to the fund after reporting the law firm involved to the Cape Law Society.
Consumer protection lawyer Trudie Broekmann is planning a class action against holiday club companies to demand that they refund their clients, notes a Moneyweb report. Broekmann says that she has been studying contracts of points-based time-share schemes, and believes they are not enforceable.
An application seeking permission for 70 new applicants to join a class action suit against the nation’s largest banks and home loan providers has been filed with the Constitutional Court, according to a Moneyweb report. The application brings the number of people seeking to participate in the civil claim against the likes of Nedbank, Absa, FirstRand, Standard Bank, Changing Tides 12 – a trustee of the SA Home Loans Guarantee Trust – and Investec, to around 300.
The battle for former President Nelson Mandela’s Qunu homestead is far from over, with his ex-wife Winnie Madikizela-Mandela set to take the fight over the ownership of his rural home to the SCA on 20 November. A Cape Times report says Madikizela-Mandela has argued that a court erred in ruling that she could have reasonably known from 1997 that the property was registered under Madiba’s name.
It was never going to end in the Western Cape High Court. A Cape Times report says this was the statement from Judge Elizabeth Baartman yesterday of the case involving the future of about 200 rural pupils, as she granted the Grootkraal community leave to have their case heard in the SCA.
One of SA’s top real estate companies that has admitted being the unwitting source of the largest known personal data breach to date in the country claims to have ascertained that the dump of personal information – estimated at 31.6m records – includes the estimated income‚ addresses and cellphone numbers of the likes of President Jacob Zuma‚ Finance Minister Malusi Gigaba and Police Minister Fikile Mbalula.