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Navigating the Legal Blueprint for Property Expansions

13 January 2025

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development.

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108
Article
Consistency Is Key for Homeowners Associations

13 January 2025

With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands... that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.

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103
Article
Deregistration Looms for Non-Compliant Companies

13 January 2025

The recent ruling of Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 highlights the critical duty... companies have to file annual returns with the Companies and Intellectual Property Commission (CIPC) and the significance of the procedures companies must follow to reinstate a deregistered company.

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249
Article
Capital gains distributions between trusts – who gets taxed?

03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

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93
Article
When and how can a trustee resign from a trust?

03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

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78
Article
Can you challenge maintenance when you’re in arrears?

03 December 2024

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

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114
Article
Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

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57
Article
ABOLISHMENT OF THE SPLUMA CERTIFICATE REQUIREMENT: A DIFFERENT PERSPECTIVE

02 December 2024

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746
Article

BEST LEGAL Q&A 2021, EDITION 6

Download our latest Legal Q&A Booklet

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BEST LEGAL Q&A 2021, EDITION 6

Download our latest Legal Q&A Booklet

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