Greyvensteins News

Am I responsible for the previous owner's unpaid rates and taxes?

In a much-anticipated Constitutional Court Judgment it has been ruled that new property owners are no longer expected to take responsibility for settling municipal debt incurred by previous owners of the acquired property.

The matter stemmed from a litigious battle which challenged the constitutionality of section 118(3) of the Local Government: Municipal Systems Act.

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Our Conveyancing Attorneys Explain Personal & Praedial Servitude

“I applied to my municipality to have the building plans for the extension of my garage approved. The municipality rejected my proposed extension on the grounds that it would be constructed over a servitude registered against my title deed in favour of the municipality. What is servitude? Can I have it removed?”

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The Proxi Smart Model and Conveyancing Attorneys

A conveyancer is a duly qualified and admitted attorney who passed an additional Conveyancing exam and was formally admitted as a Conveyancer in the High Court.

Therefore he/she has knowledge of the full scope of the law with the result that they can deal effectively with any legal and administrative problems that can occur whilst a transaction is ongoing.

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Interest to be Charged on a Loan to a Trust - Tax Law South Africa

As from 1 March 2017 S7C of the Taxation Laws Amendment Act will come into effect.

There will be some important changes which will come into effect. S7C will apply to any loan, advance or credit provided directly or indirectly to the trust by certain persons.

The persons referred to are any natural person who is a connected person in relation to the trust or a company that is a connected person in relation to that natural person, i.e. a company in which that natural person, either individually or together with a connected person or persons, holds an interest of at least 20%.

These changes add to the anti-avoidance provisions that are already in S7 and 8 of the Act.

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The Right to Life - Assisted Suicide and the Death Penalty

The Constitution includes the Bill of Rights, with the aim of protecting all people in South Africa. These include the right to use, enjoyment and disposal of property, the right to education, the right to security, the right to equality, to name a few.

The fundamental rights which are the cornerstone on which our democracy has been founded underlie the rights in the Bill of Rights.

These rights are the right to human dignity, the right to equality and the advancement of human rights and freedoms.

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The abolition of the statute of limitation for sexual assault offences

The Court ruled that there should no longer be a restriction of the 20 year period in order to pursue a claim for sexual assault. 

This application was based on the case of the deceased philanthropist and established stockbroker, Sidney Frankel. 

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Mining Sector shock - Every BEE ownership deal must be restructured

DMR Minister Mosebenzi Zwane shocked the Mining Sector last week with the publication of a radical new Mining Charter, implementation thereof with immediate effect.

As a result hereof, Mining companies’ stocks fell sharply within mere hours after Zwane’s announcement.

Radical changes were promulgated, changes which were not discussed or made known to the Chamber of Mines – who present 90% of the industry - and as can be expected, the Chamber is upset with these radical and unilateral changes implemented.  

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What you need to know about Capital Gains Tax

Capital Gains Tax, “CGT”, is a tax imposed on the capital gains for a year of assessment in respect of an asset disposed of, included in the taxpayer’s taxable income for the year of assessment which is then in question.

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The Law regulating Surrogacy Agreements in South Africa

A ‘surrogate mother’ is defined in the Children’s Act 38 of 2005 as an adult woman who enters into a surrogate motherhood agreement.

Such an agreement is entered into between the surrogate mother and the commissioning parents or parent.

The agreement states that the surrogate mother will be artificially fertilised for the purpose of bearing the child for the commissioning parents or parent.

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The Consumer Protection Act and its Effect on Lease Agreements

The enactment of the new Consumer Protection Act No. 68 of 2008 (CPA) introduces some far reaching changes to lease agreements for immovable property. Specifically for ordinary people, the changes affect the maximum duration of a lease agreement and grant the parties certain rights of cancellation.

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