August 15, 2023

Domicilium citandi et executandi in South African law

How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state my side of the story? Well, in our law this could happen if you agreed to a domicilium address without notifying other parties about a change therein when you move away from said address. What is domicilium citandi et executandi? Domicilium citandi et executandi (hereinafter, “domicilium address”) is a Latin term that means “house for being summoned and executed upon.” In South African law, it refers to the address that a person nominates in a contract […]
July 6, 2022

Lost your original title deed? What do you do?

Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of  Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner of the property. Upon receipt of the application and affidavit, the registrar of deeds must publish a notice that he/she intends to issue the certificate of registered title. The notice must be published in two consecutive ordinary issues of the Government Gazette and two consecutive […]
July 6, 2022

The subdivision of Agricultural Land Act No. 70 of 1970 explained: Part 1

The subdivision of agricultural land or “farmland” is regulated by the Subdivision of Agricultural Land Act No. 70 of 1970 (hereafter “the Act”) which came into operation on 2 January 1971. Baker J, in the case of Van der Bijl v Louw, stated that the Act has its purpose in preventing the situation where farming units are created which are not economical or could be described as non-viable subunits. This prevention objective is achieved in essence by the Minister of Agriculture, Land Reform and Rural Development of South Africa, who has to give their consent before any subdivision may lawfully be […]
June 8, 2022

Transfer duty. No surprises. Part I

Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way of a transaction or in any other way, or on the amount by which the value of any property is enhanced by the renunciation of an interest or restriction upon the use or a disposal of that property. The value of the duty is determined by the Minister of Finance and is based on a sliding scale relative to the value of the property. Property is defined in the Act to mean land in […]
November 15, 2021

The importance of an objective and experienced executor

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance with the testamentary wishes of the deceased. Importantly, although a person can nominate an executor, the executor is appointed by the Master of the High Court through the issuing of Letters of Executorship. The executor is responsible for, amongst other things, interpreting the Last Will and Testament, collecting information on all the assets and liabilities of the deceased, and distributing inheritances to beneficiaries in accordance with the Last Will and Testament. Although it is possible to appoint a family member as executor, it should be kept in mind that, not […]
August 13, 2021

Personal liability of directors of non-profit organisations

I am a director of an NPO. Can I be held liable in my personal capacity for damages caused by or debt incurred by the organisation? I thought that I was doing something good. What does it mean to carry on business recklessly? Can I be held accountable if I knew about dodgy transactions but it was not my signature on the documentation? In South Africa non-profit organisation (NPO) can be registered in one of three ways: a voluntary association; trust; or company. If the NPO is registered as a non-profit company, it will be regulated in terms of the Companies Act 71 of 2008 (the Act). In this article, the focus will be on the personal liability […]
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