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Renegotiating After You’ve Signed: The Email That Ended a Property Sale

After their bond was withdrawn, the buyers were given time to arrange new finance. Instead, one of them emailed the conveyancer saying they would only apply for another bond after the seller repaired an alleged defect or agreed to reduce the price. The seller understood this to mean that the buyers would not proceed on the terms they had already accepted. She cancelled the sale, and the High Court agreed that she was entitled to do so. The buyers lost the sale and the money already paid and faced further financial consequences.

Employ a Foreign National? What You Must Check Now, and What Could Change

Under the current law, it is already illegal to employ someone who is not legally entitled to work in South Africa. This applies to businesses and to households employing foreign domestic workers, nannies or gardeners. A new Bill proposes additional duties and higher penalties for employers, but these changes are not yet law. Employers should therefore comply with the existing law and remain alert to the proposed changes.

Can Your Complex Cut Off Your Biometric Access Over Unpaid Levies?

Your fingerprint suddenly stops working at the estate gate. You can still get home, but only through the visitors’ lane. Can your homeowners’ association cut off your biometric access because it says you owe levies? A recent High Court judgment says an association cannot use biometric access to enforce an alleged default. The case also confirms that biometric access to your home can be protected as part of your possession of the property.

Better Late Than Never: Marriage Law Drags Itself into the 21st Century

For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had ties to more than one country. A recent Western Cape High Court judgment declared that rule unconstitutional and introduced a gender-neutral framework for deciding which country’s law applies. Courts elsewhere in the country are not bound by the judgment but are likely to follow it.

Can Your Neighbour’s CCTV Camera Point into Your Property?

Home security cameras are increasingly common, but protecting your property does not give you an unrestricted right to monitor your neighbours. A dispute between Cape Town neighbours has clarified where the line may be drawn. The bottom line? CCTV surveillance of a neighbour’s private spaces can infringe their constitutional rights to privacy and dignity.

Cancelled Sale, Damaged Property. Who Pays?

When a sale falls through, most people assume restitution means simply giving back the money and the property. A recent High Court decision shows it is rarely that straightforward, particularly if the property itself has changed in the interim. The ruling explains how restoration costs should be worked out, and why the condition of the property when occupation begins can matter years later.

Can Family Conflict Kibosh a Trust?

When a trust’s founder dies, families often assume that whatever they said they wanted will be honoured, even if the trust deed was never changed to reflect it. A recent Supreme Court of Appeal decision confirms that this is not how trusts work. What governs a trust after the founder’s death is the trust deed itself, not the wishes they expressed at family meetings in their final years.

Does the Consumer Protection Act Protect Every Tenant?

Paying rent under a residential lease does not automatically make you a consumer under the Consumer Protection Act. A recent Supreme Court of Appeal decision shows that the real question is whether the landlord is letting property in the ordinary course of business. That said, even where the CPA does not apply and a lease is validly cancelled, a landlord cannot simply tell a tenant to leave without following the correct eviction process.

Whistleblower Reinstated: Protected Disclosures Act to the Rescue

The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace. But what protections does the Act actually give whistleblowers? And what steps should employers and employees take to ensure they comply with it? We’ll answer all of these questions in the context of a recent Labour Court decision to reinstate a manager who was ostensibly fired for breaching ICT policies.

One Bad Letter and Your Eviction Falls Apart

A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.

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