Monthly Archives: July 2019

//July

Warning: Property Email Scams Surging

“Forewarned is Forearmed!” (Wise old saying) Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt, the Legal Practitioners Indemnity Insurance Fund report of “over 110 cybercrime related claims with a total value of R70 million” in the period July 2016 to August

Can Your Bank Take Your Money Without Permission?

“A bank is a place that will lend you money if you can prove that you don’t need it” (Bob Hope) A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another, without your permission and without notice to you. Firstly, what is “set-off”? To understand how important this new decision is, we need to go back to our common law (unwritten

How to Stop Vital Evidence Being Destroyed

“Surprise the enemy” (Sun Tzu in ‘Art of War’) You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that if they get away with it your case will be dead, or at least compromised. Fortunately our law has a strong and quick remedy for you –

Unlawful Occupiers: Eviction Is Possible, but Neither Quick nor Easy

“It is only once the court concludes that there is no defence to the claim for eviction and that it would be just and equitable to grant an eviction order that it is obliged to grant that order” (Extract from judgment below) “Buy land” said Mark Twain, “they’re not making it anymore.” With the first green shoots of a property market recovery supposedly now showing through perhaps this is indeed the time to take his advice. Just be sure, if the property

Your Website of the Month: Left Money in a South African Will But Living Overseas?

What happens if you want to access a South African bequest overseas? BizNews gives you a step-by-step breakdown of how to go about it, depending on whether you are – Non-resident,  Financially emigrated, or A South African resident temporarily abroad. Read also the section on taxation.  Bear in mind that of necessity an article like this can only give you an overview of some general principles, and that getting anything wrong could cost you dearly. Professional advice on your specific circumstances is a no-brainer here! Disclaimer: The information