Legal Articles

Cor van Deventer's Articles

Attorneys in Cape Town Discuss the AARTO Bill of South Africa

The AARTO bill received majority vote of the National Assembly in March this year and is now awaiting President Ramaphosa’s signature to legalise it.

Foreign nationals marrying South African citizens

There are certain marriage requirements for foreigners in South Africa. These requirements are specific and must be met in order for the marriage to be lawful.

Marriage Fraud in South Africa Curbed by Foreign Marriage Rules

Foreign nationals who wish to obtain South African citizenship by marriage are now faced with stricter rules introduced by the Department of Home Affairs.

These rules are a means to limit the number of fraudulent marital unions undertaken by Foreign Nationals in order to obtain citizenship in South Africa.

Muslim Marriages to Become Recognised in South Africa

According to The South African Marriage Act of 1961, up until the year 2000, the only marriage considered lawful was civil marriage.

Because Muslim marriages in South Africa do not follow the laws outlined within the Marriage Act, such marriages have never been legally recognised under South African law.

Obtaining a Rates Clearance Certificate from a local authority

A rates clearance certificate is a certificate which is issued by the relevant local municipality on application by a conveyancer for the transfer of a property.

The purpose of this document is to prove that all the outstanding debt on the property has been paid by the seller.

Simultaneous Registrations - Registration of Deeds in South Africa

The timely registration of deeds such as bonds and transfers, in particular their simultaneous registration, is extremely important for financial reasons.

Direct Marketing Laws in South Africa – What does the CPA say?

As an estate agent, it’s important to be familiar with the direct marketing laws in South Africa. The Consumer Protection Act South Africa (CPA) makes several provisions that affect marketing issues such as direct marketing.

What is the difference between occupation and possession?

With respect to property, there is a distinct difference between occupation and possession which is often misunderstood.

Contracts concluded electronically - Are they considered binding?

The 21st century has seen many advances, especially in technology, which have provided an incredible amount of freedom and accessibility with regards to communication.

Cooling off period and sale agreements – Can I change my mind?

The cooling off period in the Consumer Protection Act may bring some serious, unwanted implications for estate agents selling property.

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