For those that were lucky enough to take some time off over the festive season, I hope you had a great break and managed to spend some valuable time with loved ones.
2022 is going to be another action-packed year, particularly with the EAAB’s 30 June deadline for the NQF4 and Logbook submissions. We will commence training for our supporting Agents (to Van Deventer's & Phoenix) in February and hope to get as many of you over the line as possible.
I really look forward to catching up with all our business partners in the coming weeks, as well as building new relationships, together we will make 2022 a fantastic year.
Please stop by for a visit when you are in the vicinity of Rivonia, whether it is for a cup of coffee, a glass of wine or just to say ‘Hello’.
Cor van Deventer
Cor van Deventer - Director
Arno van Deventer - Director
Dear Valued Clients & Friends,
First of all, a very happy new year to all our supporting agents! We hope this new year brings you much joy and success, and we continue to be here for you into 2022.
The Phoenix team definitely saw a slow-down during the December 2021 period for bond approvals. Banks tightened their scorecards leading up to Christmas, with interest rate offers rarely below prime and the most common reasons for declines and/or lower offers being:
Whether this was due to concerns around Christmas-NY holiday splurges or simply Credit Managers being on leave and risky decisions put on hold, the good news is – the approvals have picked up from 1 Jan 2022. It’s a new year, with a new budget!
This turnaround aside, it is always preferable to send your purchasers to us for a prequalification before they sign an Offer to Purchase. We don’t just assess their credit score, affordability assessment and issue them with a prequalification certificate. We also assist them to immediately improve their chances of approval, whether it be closing redundant accounts, sorting out judgements or preparing financial statements for self-employed applicants.
We remain proactive with our clients, and we submit their bond applications to all possible qualifying banks – including alternative options outside our commission agreements, such as SA Home Loans and iMas. Our goal is service the purchaser and ensure them the best chance of success, with the best possible rate at their desired loan amount. If the referral comes from an agent, we remain in contact with all parties to keep them updated on each step in the process.
We look forward to working with you and sharing success in 2022.
Hannah van Deventer
At Van Deventer & Van Deventer Incorporated, we also specialize in conveyancing and property law. We have the know-how and experience to ease the process of transferring ownership of any immovable property.
Our established reputation and/or record in Transfers and Bond Registrations speaks for itself, added to the fact that these are processes which we provide on a one-stop shop service sculpt for your convenience. This is beneficial in that purchasers are able to visit our firm to sign all documents relating to the transfer as well as the bond. Consequently, this puts us in a position to monitor these processes holistically thereby allowing us to speed up the process from all angles and prevent unnecessary delays.
Choosing a conveyancer that provides a fully comprehensive service and knows the ins and outs of the transfer process will not only provide beneficial support and advice to you, but will also ensure that the transfer process is completed in a timeous manner as alluded to above.
Our team of conveyancers and conveyancing paralegals are seasoned, added to their extensive knowledge of the property market in South Africa. We pride ourselves on our cost-effective and efficient way of handling property-related transactions.
We have a good rapport with all the major banks in association with our sister firm, enabling us to attend to instructions from Nedbank, ABSA, SA Home Loans, Standard Bank and FNB. Hold on, there is more - Phoenix Bonds which is part of our brand assists home buyers with applying for home financing. Yes, under our roof.
We are proud to offer a full spectrum of services on bond related matters from application of the loan to the registration of the bond over the property.
We look forward to assisting you through every step of the exciting journey of home ownership.
In a recent landmark ruling in Jane Bwanya v The Master of the High Court, Cape Town CCT241/20, the Constitutional Court (Concourt) confirmed the invalidity of Section 1 (1) of the Intestate Succession Act 81 of 1987 in so far as it does not recognise heterosexual life partners with regard to intestate succession, as well as Section 1 of the Maintenance of Surviving Spouses Act 27 of 1990, to the extent that it does not recognise survivors in life partnerships. The Applicant (surviving life partner) had sought an order in the Western Cape Division of the High Court against the executor’s rejection of a claim for inheritance and maintenance lodged against the deceased estate, on the basis that these benefits only applied to married spouses. It ought to be remembered that in cases such as Laubscher N.O. v Duplan and Another  ZACC 44 and Gory v Kolver 2007 (4) SA 97 (CC), it was upheld that a surviving life partner may inherit intestate in the event that there were reciprocal duties of support between the life partners. However, these matters concerned same-sex life partnerships. Therefore, this meant that the Intestate Succession Act as it stood, read with case law such as the Laubscher and Gory cases, unfairly discriminated on the grounds of sexual orientation and equality. This is inconsistent with Section 9 (3) of the Constitution of the Republic of South Africa, Act 108 of 1996 (the Constitution), which provides for fundamental human rights accorded to all people in the republic. Non-discrimination on the grounds listed in Section 9 (3) forms a fundamental pedestal on which our constitutional democracy is anchored upon. The majority judgment upheld that Section 1 of the Maintenance of Surviving Spouses Act is unconstitutional to the extent that it excludes the words “and includes the surviving partner of a permanent life partnership terminated by the death of one partner in which the partners undertook reciprocal duties of support and in circumstances where the surviving partner has not received an equitable share in the deceased partner’s estate.” Therefore, these words must be read into the definition until Parliament has cured the constitutional defect within 18 months. South Africa’s constitutional project has come a long way and, it is still going through transformation as society adapts to changes. In fact, the concept of law must indeed answer to the changing needs of the society in which it governs so as not to run the risk of redundancy. The Concourt therefore, in this case, filled the lacuna in our law with regard to intestate succession in heterosexual life partnerships and maintenance of surviving life partners.
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