On 29 August 2017 the Constitutional Court, through Judge Edwin Cameron, handed down a unanimous judgement in the matter of Jordaan v Tshwane Municipality. In terms hereof municipalities cannot collect outstanding property rates and services accounts incurred by previous owners
CREDITORS: YOUR SPECIAL NOTARIAL BOND IS GOOD FOR 30 YEARS
Some good news for creditors here – the SCA (Supreme Court of Appeal) has just held that a 30 year prescription period applies to special notarial bonds. That’s important because it’s always prudent when making a loan or extending credit
COULD YOUR PROPERTY DEBTS BE CANCELLED?
“How, on these figures, an employee of the bank could conclude that the farming may prove to be successful, is beyond me. It seems that money was just being poured into a bottomless pit.” (Extract from judgment below) If you
GARNISHEE ORDERS: ARE 2 MILLION OF THEM NOW INVALID?
An action plan for employers, creditors and debtors. “The ability of people to earn an income and support themselves and their families is central to the right to human dignity” (Extract from judgment below) “Garnishee” orders (more properly “Emoluments Attachment
MORTGAGES AND SECURITISATIONS: CRUCIAL NEWS FROM GRAHAMSTOWN
Securitisation is becoming a huge issue all around the world. A case currently in front of the Grahamstown court has highlighted this practice among banks in South Africa. Mr Davenport, an Eastern Cape farmer, took out a R3 million overdraft
HOME OWNERS ASSOCIATIONS: ARE YOU STILL AT RISK ON INSOLVENCY?
Here’s a scenario that is unfortunately a real risk these days – You are a member of a Home Owners Association (HOA), Your HOA is struggling to recover arrear levies from another homeowner who has fallen into financial difficulty. If
BEWARE PRESCRIPTION: THE TALE OF THE “WATERTIGHT CASE” THAT DIED A SAD AND SUDDEN DEATH
“Sad is the day when a party with a watertight case comes to court and he is stopped in his tracks by a sudden death due to a fatal blow from a watertight defence of prescription. The present matter is