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Many people have come across or at least know homes headed by a single parent. Some amongst us were raised in such homes.
While most may believe that the ideal situation would a family home where both parents are present - side by side taking care of the family, there are several life challenges which often result in this not being realised.
When an entity cannot pay the debts they owe as and when they become due, or where their liabilities exceed their assets, such party is considered insolvent in South African law.
In the latter case this effectively means, even if the party were to liquidate all their assets to settle liabilities, it would still not be enough.
Declaration of insolvency status is done by the Courts.
The Consumer Protection Act 68 OF 2008 (CPA) came into effect in 2011 with an aim of ensuring fair, competitive and responsible markets that protect South African consumers as well as to promote ethical business practices. It makes a distinction between suppliers of goods and services on one hand, as well as consumers on the other. This article seeks to implore to what extent the CPA is applicable to Estate Agents.
There are indications that not many individuals and entities were aware of SASRIA until only recently after the political riots in some parts of KwaZulu Natal and Gauteng.
The South African Special Risks Insurance Association (SASRIA) is a state-owned company under the National Treasury, listed under 3B of the Public Finance Management Act 1 of 1999, as a non-life insurance company. It provides cover to individuals, businesses and government entities that have assets in South Africa against loss due to special risks that are not normally covered by private insurance companies.
The Consumer Protection Act 68 of 2008 (CPA) came into effect in 2011, and of particular interest to the brief discussion in this article it came with changes with regards to rental agreements. These changes include rights and obligations pertaining to early cancellation as well as the maximum period for a lease period.
Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).
In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.
In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.
For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.
The Community Scheme Ombud Service (CSOS) is a creature of statute being the Community Schemes Ombud Service Act 9 of 2011 (the Act), which came into force in October 2016.
The CSOS registers and superintends over governance of community schemes which are defined in the Act as Share Block Companies, Homeowners Associations, Housing Schemes for Retired Persons, Housing Cooperatives and Sectional Titles Development Schemes.
At the centre of most disputes in community living schemes is the issue about the interpretation of and nature of the Conduct Rules. These rules can be by the Body Corporate or the Home Owners Association. Part of the responsibilities and/or jurisdiction of the Community Schemes Ombud Services (CSOS) include the vetting of Conduct Rules in as far as there is an obligation for these to be subservient to tenets of fairness, legality, and reasonableness.
Disputes in community living schemes were previously adjudicated upon by the Courts in South Africa. Among the eminent challenges with this was the fact that the motion procedure in the Courts system is usually an expensive and long one.
The Community Schemes Ombud Service (CSOS) is a creature of the Community Schemes Ombud Services Act (9 of 2011) which was promulgated to deal with disputes in community living schemes amongst its other responsibilities as a body.
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