The term “insolvency” relates to both sequestration (for individuals and trusts) and liquidation (for companies and close corporations). Sequestration can either be effected by voluntary sequestration or compulsory sequestration. This article will deal with voluntary sequestration, where the person applying to the Court for sequestration is the insolvent individual himself/herself. What does “insolvent” mean? If someone is insolvent (bankrupt), the …
What is the Promotion of Administrative Justice Act (PAJA)?
The PAJA is the law passed to “give effect” to the right to just administrative action in the Bill of Rights. This says everyone has the right: To fair, lawful and reasonable administrative action; and To reasons for administrative action that affects them negatively. What is administrative action? Any decision the administration takes that affects people’s rights is an administrative …
Cancelling a lease agreement early
If you want to end your contract early, this can only be done “in situations where the Consumer Protection Act or Rental Housing Act apply” – or if there’s a clause in the contract that allows for early cancellation, or if both parties agree to it. If, on the other hand, one of the parties wants to cancel because the …
Important steps for the transfer of property
The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and bond attorneys, municipality, bank, South African Revenue …
How to get a protection order
A protection order is described as being a form of court order that requires a party to do, or to refrain from doing, certain acts. These orders flow from the court’s injunction power to grant equitable remedies, and can deal with the following: That someone should not commit any act of domestic abuse. That someone should pay you rent, mortgage, …
What happens if I never received the summons?
Imagine receiving the nasty surprise that default judgement has been entered against your name because of a summons that you have never even received. It is necessary that you know the procedure of how to rescind a default judgement to get you out of this unwanted situation. Many people are confronted with the unfortunate situation of a judgement being entered …
Unopposed and opposed divorce: What’s the difference?
My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce, but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can grant a decree of divorce even if your spouse does not want …
The Consumer Protection Act and your rights
The South African Consumer Protection Act, No. 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights. The Consumer …
Co-owning property with someone else: the ups and downs
What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the property in different shares; for …
Credit Bureaus: Can I be blacklisted?
There is no such thing as a black list. It simply means that there are negative data on your credit report that is hosted at a Credit Bureau. This negative data can be anything, from a plain collection on one of your loans right through Judgment data or even Debt review. This negative data will have an impact on your …