News

1. COMPLYING WITH POPIA IS A BIG BUSINESS WORRY ONLY – 3 November 2020

POPI in the most simple terms sets out ways in which businesses must deal with the personal information that they hold. This includes personal details of their employees, as well as the personal details of their customers, clients and service providers, whether the customers and clients are individuals or other businesses/entities…

CAN A MORTGAGE BOND EMBODY A SALE? – 19 November 2020

Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020)
In this matter the court was asked to declare that a mortgage bond document, in addition to constituting the security for a loan, also embodies a sale agreement…

EAAB on: Property Practitioner Act No. 22 of 2019 – April 2020

On 03 October 2019 the President promulgated the Property Practitioners Act No. 22 of 2019 which brings about a very important era in the history of the real estate sector in South Africa. The Estate Agency Affairs Board (EAAB) welcomes this opportunity, and although it may bring about some challenges for the real estate regulator due to the expansion of its statutory mandate, the EAAB embraces the opportunity that is brings…

EXPROPRIATION BILL 2020 SUBMITTED TO PARLIAMENT – 12 October 2020

The bill, which is set to replace the Expropriation Act of 1975 consistent with the Constitution was gazetted on the 9th of October 2020. The bill forms part of the work that government is undertaking to ensure that a comprehensive land redistribution for agricultural purpose, human settlements and industrial development is implemented…

POPI IS FOR BIG BUSINESSES TO WORRY ABOUT – 3 November 2020

Consulting with business owners who, when considering their compliance responsibilities, react thereto in love-hate terms. On the one hand, there is a positive response where compliance is constructively applied to the business’ own day-to-day running procedures and management. On the other hand, it appears less rosy where it is presented as a must-do red tape exercise, with a threat of financially damaging penalties for non-compliance imposed by government…

WARNING BELLS FOR HOME BUILDERS AND THEIR CLIENTS – 12 November 2020

Rabe Bouers CC v Chaya (2328/2015) [2020] ZALMPPHC 83 (30 October 2020)
The Housing Consumers Protection Measures Act has a double-edged sword. If the home builder is not registered with the NHBRC, has not paid the fees and enrolled the homes that he’s building for a housing consumer(his client), then the builder may not demand payment from him…