STBB | SMITH TABATA BUCHANAN BOYES (CPT & JHB)

 

home
STBB is a firm of solution-driven attorneys that provides its clients with national access to affordable legal services
throughout South Africa. We have established an excellent reputation for providing practical advice on a wide range of legal matters and are known to real estate professionals as a leading conveyancing and property law firm.

our services

 

 

 

 

PROPERTY LAW
When you plan to buy or sell your most important investment, you need legal assistance of the highest quality to ensure the accurate and speedy processing of your transfer.

Our dedication in offering our clients a professional service of the highest standard has grown our firm into arguably the largest property law practice in South Africa, providing personalised service to our valued clients, whether buyer or seller.

We know that regular feedback on the progress of your transaction is important to you, and offer instant notification of updates via sms and email, as well as “real time” tracking of your transfer via our state of the art online tracking facility on our website. These are just some of the reasons STBB is preferred by real estate professionals as a leading conveyancing and property law firm.

LITIGATION
Whatever your trade, manoeuvring in the world of commerce requires, amongst other elements, skill, tenacity and certainly
some business insight. Nonetheless, and so armed with these weapons, there exists some opposed forces in the marketplace to frustrate even the most judicious.

Our commercial litigation department prides itself as being a force to be reckoned within the legal fraternity, and a guiding hand through the legal systems and forums that dictates the conclusion of commercial disputes.

From the enforcement of rights and duties of a contractual nature, to the recovery of or compensation of damages from a business perspective, as well as lending sound legal advice throughout the litigation process, the STBB litigation team stands by their clients. Our field of expertise includes, inter alia: -

 
Advice on commercial contracts;
Formulation of contractual claims;
Actions and applications for evictions;
Interdicts of various kinds;
Landlord and Tenant disputes;
Construction and Building disputes;
Arbitrations;
Insolvencies and liquidations;
Disputes of shareholding or membership of business entities;
Sale and purchase disputes;
Enforcement of monetary claims and specific performance;
Legal proceedings in both the Magistrates and High Court.
Our array of local and international clientele continues to receive sound legal assistance throughout the pre and post
litigation phases. In the tentative world of commerce, what is indeed certain is that, with the guidance of our experienced commercial litigators, your business will be afforded its due protection and enforcement of its legal rights.

ESTATES AND TRUSTS
To ensure that your estate devolves efficiently, cost effectively and with a minimum of delay upon your chosen
beneficiaries, it is important that you draw up a valid will assisted by a suitably qualified professional. Apart from the nomination of heirs and the appointment of an executor to administer your estate, consideration should be given to any of the following topics which have relevance for you:

Is there sufficient liquidity in your estate to settle your debts, taxes and estate administration costs and to provide for the financial security of your family?

If insufficient how can this be remedied?


Can any estate duty for which you may be liable be minimised?


How should you provide for your maintenance obligations in terms of your divorce order?
The formation of a testamentary trust to manage any assets being awarded to a minor beneficiary and the appointment of 


The appointment of a guardian for minor children.
How best to provide for your offshore assets.
Could the formation of an intervivos trust be beneficial to you?
Will your business interests be adequately protected on your death?
By seeking the best possible professional assistance you will be able to identify problem areas, investigate solutions

and achieve the peace of mind of knowing that you have done everything possible to streamline your financial affairs and to ensure that your will is a sound legal document.trustees to manage same.

Our succession law experts are able to offer you this service.

FAMILY LAW
The Family Law department assists clients with:

Divorces
Maintenance matters
Variation of existing divorce orders, where possible
Protection orders
Advice on separation of parties involved in cohabitation relationships
General family law advice
In divorce matters finalising a settlement and the practical implementation thereof is crucial. Certain repercussions of
divorce, such as ongoing contact and access arrangements in respect of minors, maintenance payments and facilitating immediate payment from Pension Funds, have proved problematic.

In particular, clients should be aware of the impact of changed pension and revenue legislation on their claims for immediate payment of pension monies after divorce, to avoid unnecessary related legal action. In one instance a client who received a pension payment from the pension fund soon after divorce was later sued in the Magistrate`s Court by her former spouse for payment of the tax portion of the sum she received. The tax portion was erroneously deducted by the Pension Fund, as the taxability aspect was not clear, the matter is pending but sound legal advise on this point would have avoided the action against our client, and the resulting costs.

We can assist and provide valuable information and efficient assistance with all of the above.

CORPORATE AND COMMERCIAL LAW
Our Corporate and Commercial team provides proactive and commercially focused advice to a diverse range of clients,
ranging from start-up businesses to listed companies and institutions. With our expertise and commercial awareness, we specialise in advising on commercial negotiations and transactions spanning a wide range of sectors, including:

Banking and Finance
Business Law
Commercial Property
Competition Law
Franchising and Licensing
Legal Due Diligence
Mergers and Acquisitions
Tax


We recognise the need to project-manage transactions and, whenever there is a deadline to meet, we provide the drive and

resources to ensure it is achieved. We assist our clients in realising their objectives by adding value in the most practical and cost-effective way and, above all, by our commitment to the success of the deal.
PERSONAL INJURY AND INSURANCE
Road traffic accidents are generally thought of as incidents that happen to people other than ourselves, but they can and
do happen to anyone.

If you have been involved in a road traffic accident, either as driver, passenger or even in a hit-and-run accident, and have any doubts at all about who was to blame or whether you have the right to claim compensation, you should seek legal advice as soon as possible as, in certain circumstances, your claim may prescribe and you will not be able to claim compensation at all after a certain period of time.

It is essential that you select the right attorney, being one who has considerable experience in road traffic accident claims and personal injury claims, particularly in view of the 2008 amendments to the law. The attorneys at STBB specialising in road accident and personal injury claims will explain to you in detail what your rights are and what course of action you should take.

EMPLOYMENT LAW
Employment and the laws relating thereto have become increasingly complex. Our specialist Labour Law Department under the
experienced guidance of Liezl-Mari Mouton offers expert advice on all labour and employment related issues, including:

Strategic advice on all employment law issues
Drafting employment policies and codes of conduct including contracts for SA employees operating in Africa and elsewhere
Drafting restraint of trade and confidentiality agreements
Advising on and interpreting labour statutes, codes of practice and regulations
Conducting employment law due diligence investigations
Advising on Section 197 transfers
Advising on disciplinary and performance issues and disciplinary and performance enquiries
Employment equity compliance
Conducting occupational health and safety investigations into workplace accidents and preparation of reports for the
Department of Labour
Managing executive disputes
Restructuring exercises and retrenchments
Litigation in the CCMA, Bargaining Councils, Labour Court, Labour Appeal Court and High Court in respect of all
employment law disputes, including:
         
CCMA and Bargaining Council reviews
         
Recruitment and selection disputes and litigation
         
Sexual harassment disputes
         
Urgent strike interdicts
         
Restraints of trade
     
Training on managing discipline, performance and ill health in the workplace

our success

 

 

 

 

ACCOLADES
STBB wins CCH Extra Legal Mile Award for 2010STBB was awarded Cape Coastal Homes’ annual “Extra Legal Mile” award
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TOP WOMEN AWARDS FINALISTSTBB placed in the top 3 finalists at the Top Women Awards and was awarded a Certificate of Excellence in the Category “Top Gender Empowered Company: Professional Support Services – for Outstanding Contribution and Commitment to the Empowerment…
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PMR Africa AwardSTBB was awarded the PMR (Professional Management Review) Africa award for top medium sized firm at the PRM Africa awards breakfast on 19 February 2010. 
PRM Africa benchmarks business, government, professions, education and labour and…

Successes and Testimonials

PUIK DIENS

Rhode Brown

To Monica Roodman & Izak Venter : Graag wil ons, Mnr. James & Mev. Rhodé Brown ons opregte dank aan STBB uitspreek vir die Puik diens wat hul aan ons gelewer het.  Ons waardeer dit baie en wil ook van die geleentheid gebruik maak om almal…
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EXCELLENT SERVICE

Erna Janse van Rensburg

To Liza Chase : Thank you for excellent service.
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WILL RECOMMEND YOUR FIRM

Georg Stals

To Gail Bithell : Thanks so much Gail, I will most certainly recommend your firm. Your support is always greatly appreciated!

STBB in the News

The 2nd Gauteng Legal Community House Build in partnership with Habitat for Humanity South AfricaSource: Published by Spoor & Fisher on 27/01/2010

“3 Law Firms, 3 Families, 3 Houses and 1 Community”

A firm commitment to social responsibility and a shared vision of making a marked difference to underprivileged families drew three legal firms together in 2007. …
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Why Cape legal twist looks like a demolition of justice for poorSource: From Business Day, Published: 2009/07/02, Article by JACKIE DUGARD and KATE TISSINGTON IN MAY, backyard shack-dwellers with no access to formal housing took their case against the City of Cape Town to the Western Cape High Court. They were represented by the law firm, Smith Tabata Buchanan Boyes, which took on the case at a substantially…
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Ask the Property ExpertsSource: Presented by Bruce Whitfield on The Home Channel on 01/10/2008

The Home Channel takes a look at investing in the commercial property markets as well as viewer questions with experts Gina Schoeman from Macquarie First South, Kgaogelo Mamabolo from Liberty Life and Godfrey Timber from STBB Attorneys.

Bruce…

publications

 
Thought of the Week

INTERESTING CHANGES TO THE NEW COMPANIES ACT
09 November 2011

The New Companies Act which came into force on 1 May 2011 has introduced some interesting changes, one of which concerns the sale by a company of the whole or a major portion of its assets.

The previous Companies Act required a special resolution by the shareholders which had to be registered with the Companies Office within 6 months of its passing, failing which it would be invalid.

The New Companies Act still requires the passing of a special resolution by the shareholders, but does not require it to be registered or filed with the Companies and Intellectual Property Commission for it to be valid.

If you need help with this process or the drafting of the resolution, contact us at info@stbb.co.za.
——————————————————————————–

CPA LEASE AGREEMENTS – WHEN MAY THEY EXCEED 24 MONTHS?03 November 2011

In terms of the Consumer Protection Act, a lease agreement between a supplier and a consumer (as defined in that Act) may not exceed a period of 24 months. However, the following exceptions apply:

where both parties are juristic persons;

where the landlord is able to prove that the property being leased is not part of any of his business operations and that the lease is a “once off” transaction;

where the lessee is exempt from the operation of the Act, i.e., if the lessee is a company, trust or close corporation with a turnover or asset base over R2 million; or
where it can be shown that there is demonstrable financial benefit to the lessee in a lease that extends longer than 24
months.


If you have questions, speak to the professionals at STBB.

 
——————————————————————————–

VAT RELIEF COMING FOR DEVELOPERS WHO RENT OUT UNSOLD PROPERTY26 October 2011

Due to current harsh economic circumstances, many developers are struggling to sell the residential units in their developments. To rent these out is an option in order to generate funds, but VAT legislation considers this a change in use of the property, thereby triggering VAT liability in the hands of the developer.

SARS took note and proposed amendments to the VAT Act as follows: if a developer rents out residential properties before their intended sale (that were constructed with the purpose of selling them in the normal course to the public); and
the property is subsequently temporarily let;
then such supply by the developer will be deemed not to be a VAT-able supply. See page 113 of SARS’ memorandum on the VAT
relief here. [1.09MB]
The amendments are set to come into effect soon, but will be temporary in that such exemption will only be granted until
2015. In addition, it is limited to rental of a maximum period of 36 months before any sale of the property.

For more information on this topic, contact one of our professionals at info@stbb.co.za.

 

——————————————————————————–

CAN A SECTIONAL TITLE OWNER ACT AGAINST THE MANAGING AGENT?19 October 2011

What can a registered owner of a unit in a sectional title scheme do, should he be of the opinion that the scheme is mismanaged or that the Body Corporate has suffered damages but failed to do anything about it?

In terms of Section 41 of the Sectional Titles Act, the owner must serve written notice on the Body Corporate calling on it to institute proceedings within 1 month of such notice. If the Body Corporate fails to do so, the owner can then bring an application to Court for an order appointing a curator ad litem for the Body Corporate. The curator will then institute and conduct proceedings on behalf of the Body Corporate. Read this interesting recent illustration hereof.

If you need assistance with this process, contact one of our professionals at info@stbb.co.za or visit www.stbb.co.za

 

——————————————————————————–

CHILDREN OWNING LAND?

12 October 2011

If land is donated or bequethed to children born or to be born of any person or from any marriage, or is acquired on behalf of such children, transfer of the land can be effected on behalf of such children. In such a case, the land may be registered in the name of a person to hold it in trust on behalf of the children.

Once the identities of the children have been established after their birth the Deeds Office will, upon application, endorse the title deed with their names and the title deed will thereupon be deemed to be in favour of such children, as if the transfer had originally been passed to them in person.

For assistance with this process, contact one of our professionals at info@stbb.co.za or visit www.stbb.co.za
——————————————————————————–

Law UpdateIssue 33 – 201111 November 2011

VOETSTOOTS PROTECTS UNAWARE SELLER AGAINST DEFECTS CLAIM

Banda and Another v Van der Spuy and Another (08/5489) [2011] ZAGPJHC 126 (23 September 2011)

This judgment deals with the sale of a thatch-roofed house.

——————————————————————————–

Issue 32 – 201104 November 2011

AGREEMENT SILENT ON HOW PURCHASE PRICE IS TO BE PAID – VOID

Slabbert and Others v Slabbert and Others (A55/2011) [2011] ZAFSHC 165 (20 October 2011)

When the owner of a farm sold it to her son and his wife, the sale agreement…


——————————————————————————–

Law Update : Issue 628 October 2011

RESTRICTIVE TITLE CONDITIONS & ZONING PROVISIONS – KNOW THE DIFFERENCE OR FACE RISKS

Nelson Mandela Bay Metropolitan Municipality v Harlech-Jones NO and Others

This recent judgment in the above matter draws attention…


——————————————————————————–

Issue 31 – 201121 October 2011

MUNICIPAL ACCOUNT DISPUTE: WHEN CAN SERVICES SUPPLY BE CUT?

Body Corporate Croftdene Mall v Ethekwini Municipality [2011] ZASCA 188; 603/2010 (10 October 2011)

Section 102 of the Municipal Systems Act empowers a municipality,…


——————————————————————————–

Issue 30 – 201114 October 2011

BODY CORPORATE’S MANAGEMENT ALARMING? CORRECT COMPLAINT ROUTE CRUCIAL

Cassim and Another v Voyager Property Management (Pty) Ltd and Others, Cassim and Another v St Moritz Body Corporate (Pty) Ltd and Others [2011] ZASCA…

 Deeds Office

Aspects

Legal Status of Individuals

Property

Tax

Property

Transactions Sectional Title Facts INTERESTING CHANGES TO THE NEW COMPANIES ACT09 November 2011
The New Companies Act which came into force on 1 May 2011 has introduced some interesting changes, one of which concerns
the sale by a company of the whole or a major portion of its assets.
The previous Companies Act required a special resolution by the shareholders which had to be registered with the
Companies Office within 6 months of its passing, failing which it would be invalid.
The New Companies Act still requires the passing of a special resolution by the shareholders, but does not require it to
be registered or filed with the Companies and Intellectual Property Commission for it to be valid.
If you need help with this process or the drafting of the resolution, contact us at
info@stbb.co.za.

——————————————————————————–
CPA LEASE AGREEMENTS – WHEN MAY THEY EXCEED 24 MONTHS?03 November 2011
In terms of the Consumer Protection Act, a lease agreement between a supplier and a consumer (as defined in that Act) may
not exceed a period of 24 months. However, the following exceptions apply:
where both parties are juristic persons;
where the landlord is able to prove that the property being leased is not part of any of his business operations and that
the lease is a “once off” transaction;
where the lessee is exempt from the operation of the Act, i.e., if the lessee is a company, trust or close corporation
with a turnover or asset base over R2 million; or where it can be shown that there is demonstrable financial benefit to the lessee in a lease that extends longer than 24 months.If you have questions, speak to the professionals at STBB.
 

——————————————————————————–
VAT RELIEF COMING FOR DEVELOPERS WHO RENT OUT UNSOLD PROPERTY26 October 2011
Due to current harsh economic circumstances, many developers are struggling to sell the residential units in their
developments. To rent these out is an option in order to generate funds, but VAT legislation considers this a change in use of the property, thereby triggering VAT liability in the hands of the developer.
SARS took note and proposed amendments to the VAT Act as follows: if
a developer rents out residential properties before their intended sale (that were constructed with the purpose of
selling them in the normal course to the public); and the property is subsequently temporarily let;then such supply by the developer will be deemed not to be a VAT-able supply. See page 113 of SARS’ memorandum on the VAT relief here.

[1.09MB]
The amendments are set to come into effect soon, but will be temporary in that such exemption will only be granted until
2015. In addition, it is limited to rental of a maximum period of 36 months before any sale of the property.
For more information on this topic, contact one of our professionals at
info@stbb.co.za.
——————————————————————————–
CAN A SECTIONAL TITLE OWNER ACT AGAINST THE MANAGING AGENT?

19 October 2011
What can a registered owner of a unit in a sectional title scheme do, should he be of the opinion that the scheme is
mismanaged or that the Body Corporate has suffered damages but failed to do anything about it?
In terms of Section 41 of the Sectional Titles Act, the owner must serve written notice on the Body Corporate calling on
it to institute proceedings within 1 month of such notice. If the Body Corporate fails to do so, the owner can then bring an application to Court for an order appointing a curator ad litem for the Body Corporate. The curator will then institute and conduct proceedings on behalf of the Body Corporate. Read this interesting recent illustration hereof.
If you need assistance with this process, contact one of our professionals at
info@stbb.co.za or visit www.stbb.co.za
——————————————————————————–

Property Law UpdateIssue 33 – 201111 November 2011
VOETSTOOTS PROTECTS UNAWARE SELLER AGAINST DEFECTS CLAIM
Banda and Another v Van der Spuy and Another (08/5489) [2011] ZAGPJHC 126 (23 September 2011)
This judgment deals with the sale of a thatch-roofed house

——————————————————————————–
Issue 32 – 201104 November 2011
AGREEMENT SILENT ON HOW PURCHASE PRICE IS TO BE PAID – VOID
Slabbert and Others v Slabbert and Others (A55/2011) [2011] ZAFSHC 165 (20 October 2011)
When the owner of a farm sold it to her son and his wife, the sale agreement…

——————————————————————————–
Law Update : Issue 628 October 2011
RESTRICTIVE TITLE CONDITIONS & ZONING PROVISIONS – KNOW THE DIFFERENCE OR FACE RISKS
Nelson Mandela Bay Metropolitan Municipality v Harlech-Jones NO and Others
This recent judgment in the above matter draws attention…

——————————————————————————–
Issue 31 – 201121 October 2011
MUNICIPAL ACCOUNT DISPUTE: WHEN CAN SERVICES SUPPLY BE CUT?
Body Corporate Croftdene Mall v Ethekwini Municipality [2011] ZASCA 188; 603/2010 (10 October 2011)
Section 102 of the Municipal Systems Act empowers a municipality,…

——————————————————————————–
Issue 30 – 201114 October 2011
BODY CORPORATE’S MANAGEMENT ALARMING? CORRECT COMPLAINT ROUTE CRUCIAL
Cassim and Another v Voyager Property Management (Pty) Ltd and Others, Cassim and Another v St Moritz Body Corporate

(Pty) Ltd and Others [2011] ZASCA…

——————————————————————————–

 
Companies, Close Corporations and Trusts Deeds Office News Legal Facts for Individual Legislative Changes Property Facts

Recent Judgements SARS News
CAPE TOWN FREEZES ISSUING OF RATES CLEARANCESSent: 31 October 2011

The City of Cape Town municipality is implementing a new services integrated system in order to streamline, amongst

others, the issuing of valuations and rates clearance certificates. Read their notice here.…
——————————————————————————–

YOUR SUPPORT HAS MADE US RANK NUMBER 1 TOP PERFORMER!Sent: 08 September 2011

A big THANK YOU to ABSA for their support, which has enabled STBB to be scored as their Top Performing Attorney Firm for

the month of August 2011, with a perfect score of 100% achieved by our Somerset Mall branch, and…

 Print PageThought of the Week –Select Category– Deeds Office Aspects Legal Status of Individuals Property Tax Property

Transactions Sectional Title Facts INTERESTING CHANGES TO THE NEW COMPANIES ACT09 November 2011
The New Companies Act which came into force on 1 May 2011 has introduced some interesting changes, one of which concerns

the sale by a company of the whole or a major portion of its assets.
The previous Companies Act required a special resolution by the shareholders which had to be registered with the

Companies Office within 6 months of its passing, failing which it would be invalid.
The New Companies Act still requires the passing of a special resolution by the shareholders, but does not require it to

be registered or filed with the Companies and Intellectual Property Commission for it to be valid.
If you need help with this process or the drafting of the resolution, contact us at
info@stbb.co.za.

——————————————————————————–
CPA LEASE AGREEMENTS – WHEN MAY THEY EXCEED 24 MONTHS?03 November 2011
In terms of the Consumer Protection Act, a lease agreement between a supplier and a consumer (as defined in that Act) may

not exceed a period of 24 months. However, the following exceptions apply:
where both parties are juristic persons;
where the landlord is able to prove that the property being leased is not part of any of his business operations and that

the lease is a “once off” transaction;
where the lessee is exempt from the operation of the Act, i.e., if the lessee is a company, trust or close corporation

with a turnover or asset base over R2 million; or where it can be shown that there is demonstrable financial benefit to

the lessee in a lease that extends longer than 24 months.If you have questions, speak to the professionals at STBB.
 

——————————————————————————–
VAT RELIEF COMING FOR DEVELOPERS WHO RENT OUT UNSOLD PROPERTY26 October 2011
Due to current harsh economic circumstances, many developers are struggling to sell the residential units in their

developments. To rent these out is an option in order to generate funds, but VAT legislation considers this a change in

use of the property, thereby triggering VAT liability in the hands of the developer.
SARS took note and proposed amendments to the VAT Act as follows: if
a developer rents out residential properties before their intended sale (that were constructed with the purpose of

selling them in the normal course to the public); and the property is subsequently temporarily let;then such supply by

the developer will be deemed not to be a VAT-able supply. See page 113 of SARS’ memorandum on the VAT relief here.

[1.09MB]
The amendments are set to come into effect soon, but will be temporary in that such exemption will only be granted until

2015. In addition, it is limited to rental of a maximum period of 36 months before any sale of the property.
For more information on this topic, contact one of our professionals at
info@stbb.co.za.
——————————————————————————–
CAN A SECTIONAL TITLE OWNER ACT AGAINST THE MANAGING AGENT?19 October 2011
What can a registered owner of a unit in a sectional title scheme do, should he be of the opinion that the scheme is

mismanaged or that the Body Corporate has suffered damages but failed to do anything about it?
In terms of Section 41 of the Sectional Titles Act, the owner must serve written notice on the Body Corporate calling on

it to institute proceedings within 1 month of such notice. If the Body Corporate fails to do so, the owner can then bring

an application to Court for an order appointing a curator ad litem for the Body Corporate. The curator will then

institute and conduct proceedings on behalf of the Body Corporate. Read this interesting recent illustration hereof.
If you need assistance with this process, contact one of our professionals at
info@stbb.co.za or visit www.stbb.co.za
——————————————————————————–
CHILDREN OWNING LAND?12 October 2011
If land is donated or bequethed to children born or to be born of any person or from any marriage, or is acquired on

behalf of such children, transfer of the land can be effected on behalf of such children. In such a case, the land may be

registered in the name of a person to hold it in trust on behalf of the children.
Once the identities of the children have been established after their birth the Deeds Office will, upon application,

endorse the title deed with their names and the title deed will thereupon be deemed to be in favour of such children, as

if the transfer had originally been passed to them in person.
For assistance with this process, contact one of our professionals at
info@stbb.co.za or visit www.stbb.co.za

——————————————————————————–
Property Law UpdateIssue 33 – 201111 November 2011
VOETSTOOTS PROTECTS UNAWARE SELLER AGAINST DEFECTS CLAIM
Banda and Another v Van der Spuy and Another (08/5489) [2011] ZAGPJHC 126 (23 September 2011)
This judgment deals with the sale of a thatch-roofed house. At the…

——————————————————————————–
Issue 32 – 201104 November 2011
AGREEMENT SILENT ON HOW PURCHASE PRICE IS TO BE PAID – VOID
Slabbert and Others v Slabbert and Others (A55/2011) [2011] ZAFSHC 165 (20 October 2011)
When the owner of a farm sold it to her son and his wife, the sale agreement…
——————————————————————————–
Law Update : Issue 628 October 2011
RESTRICTIVE TITLE CONDITIONS & ZONING PROVISIONS – KNOW THE DIFFERENCE OR FACE RISKS
Nelson Mandela Bay Metropolitan Municipality v Harlech-Jones NO and Others
This recent judgment in the above matter draws attention…

——————————————————————————–
Issue 31 – 201121 October 2011
MUNICIPAL ACCOUNT DISPUTE: WHEN CAN SERVICES SUPPLY BE CUT?
Body Corporate Croftdene Mall v Ethekwini Municipality [2011] ZASCA 188; 603/2010 (10 October 2011)
Section 102 of the Municipal Systems Act empowers a municipality,…

——————————————————————————–
Issue 30 – 201114 October 2011
BODY CORPORATE’S MANAGEMENT ALARMING? CORRECT COMPLAINT ROUTE CRUCIAL
Cassim and Another v Voyager Property Management (Pty) Ltd and Others, Cassim and Another v St Moritz Body Corporate

(Pty) Ltd and Others [2011] ZASCA…

——————————————————————————–

Companies, Close Corporations and Trusts Deeds Office News Legal Facts for Individual Legislative Changes Property Facts

Recent Judgements SARS News CAPE TOWN FREEZES ISSUING OF RATES CLEARANCESSent: 31 October 2011
The City of Cape Town municipality is implementing a new services integrated system in order to streamline, amongst

others, the issuing of valuations and rates clearance certificates. Read their notice here.…

——————————————————————————–
YOUR SUPPORT HAS MADE US RANK NUMBER 1 TOP PERFORMER!Sent: 08 September 2011
A big THANK YOU to ABSA for their support, which has enabled STBB to be scored as their Top Performing Attorney Firm for

the month of August 2011, with a perfect score of 100% achieved by our Somerset Mall branch, and…

——————————————————————————–
THE FUTURE OF CLOSE CORPORATIONSSent: 07 September 2011
The new Companies Act came into effect on 1 May 2011, bringing with it certain changes relevant to Close Corporations

(CC’s).
Although the new Companies Act allows for the continued existence of currently…

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HAPPY SECRETARY’S DAYSent: 07 September 2011
… or more accurately, happy office manager / telephonist / travel agent / psychologist / personal shopper / business

consultant / photocopier technician day!
Please know that, though we sometimes fail to express…

——————————————————————————–
IMPORTANT JUDGMENT REGARDING EXECUTION AGAINST IMMOVABLE PROPERTYSent: 30 August 2011
Standard Bank v Bekker, 25 August 2011, Western Cape High Court, Cape Town
On 25 August 2011 the Western Cape High Court issued an important judgment in which it detailed the facts that a

mortgagee-creditor…

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Articles Published

The Consumer Protection ActMaryna Botha – 16 March 2010
The Consumer Protection Act and typical property transactions.

Sign on the Dotted LineMaryna Botha – 16 March 2010
Sign on the dotted line – enough to conclude the contract or must acceptance be communicated to the other contracting

party.

Retirement Villages 2Lizelle Kilbourn – 16 March 2010
Retirement villages, and introduction to their legal nature, applicable legislation and the risks faced by investors in

such schemes.

Newsletter

Buchanans Brief August 2011 | Issue 2

You will no doubt be aware that the Consumer Protection Act came into operation on
1 April 2011 and will have a far reaching influence on how businesses trade and transact with their customers.

 Print PageThought of the Week –Select Category– Deeds Office Aspects Legal Status of Individuals Property Tax Property

Transactions Sectional Title Facts INTERESTING CHANGES TO THE NEW COMPANIES ACT09 November 2011
The New Companies Act which came into force on 1 May 2011 has introduced some interesting changes, one of which concerns

the sale by a company of the whole or a major portion of its assets.
The previous Companies Act required a special resolution by the shareholders which had to be registered with the

Companies Office within 6 months of its passing, failing which it would be invalid.
The New Companies Act still requires the passing of a special resolution by the shareholders, but does not require it to

be registered or filed with the Companies and Intellectual Property Commission for it to be valid.
If you need help with this process or the drafting of the resolution, contact us at
info@stbb.co.za.

——————————————————————————–
CPA LEASE AGREEMENTS – WHEN MAY THEY EXCEED 24 MONTHS?03 November 2011
In terms of the Consumer Protection Act, a lease agreement between a supplier and a consumer (as defined in that Act) may

not exceed a period of 24 months. However, the following exceptions apply:
where both parties are juristic persons;
where the landlord is able to prove that the property being leased is not part of any of his business operations and that

the lease is a “once off” transaction;
where the lessee is exempt from the operation of the Act, i.e., if the lessee is a company, trust or close corporation

with a turnover or asset base over R2 million; or where it can be shown that there is demonstrable financial benefit to

the lessee in a lease that extends longer than 24 months.If you have questions, speak to the professionals at STBB.
 

——————————————————————————–
VAT RELIEF COMING FOR DEVELOPERS WHO RENT OUT UNSOLD PROPERTY26 October 2011
Due to current harsh economic circumstances, many developers are struggling to sell the residential units in their

developments. To rent these out is an option in order to generate funds, but VAT legislation considers this a change in

use of the property, thereby triggering VAT liability in the hands of the developer.
SARS took note and proposed amendments to the VAT Act as follows: if
a developer rents out residential properties before their intended sale (that were constructed with the purpose of

selling them in the normal course to the public); and the property is subsequently temporarily let;then such supply by

the developer will be deemed not to be a VAT-able supply. See page 113 of SARS’ memorandum on the VAT relief here.

[1.09MB]
The amendments are set to come into effect soon, but will be temporary in that such exemption will only be granted until

2015. In addition, it is limited to rental of a maximum period of 36 months before any sale of the property.
For more information on this topic, contact one of our professionals at
info@stbb.co.za.
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CAN A SECTIONAL TITLE OWNER ACT AGAINST THE MANAGING AGENT?19 October 2011
What can a registered owner of a unit in a sectional title scheme do, should he be of the opinion that the scheme is

mismanaged or that the Body Corporate has suffered damages but failed to do anything about it?
In terms of Section 41 of the Sectional Titles Act, the owner must serve written notice on the Body Corporate calling on

it to institute proceedings within 1 month of such notice. If the Body Corporate fails to do so, the owner can then bring

an application to Court for an order appointing a curator ad litem for the Body Corporate. The curator will then

institute and conduct proceedings on behalf of the Body Corporate. Read this interesting recent illustration hereof.
If you need assistance with this process, contact one of our professionals at
info@stbb.co.za or visit www.stbb.co.za
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CHILDREN OWNING LAND?12 October 2011
If land is donated or bequethed to children born or to be born of any person or from any marriage, or is acquired on

behalf of such children, transfer of the land can be effected on behalf of such children. In such a case, the land may be

registered in the name of a person to hold it in trust on behalf of the children.
Once the identities of the children have been established after their birth the Deeds Office will, upon application,

endorse the title deed with their names and the title deed will thereupon be deemed to be in favour of such children, as

if the transfer had originally been passed to them in person.
For assistance with this process, contact one of our professionals at
info@stbb.co.za or visit www.stbb.co.za

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 Print PageProperty Law UpdateIssue 33 – 201111 November 2011
VOETSTOOTS PROTECTS UNAWARE SELLER AGAINST DEFECTS CLAIM
Banda and Another v Van der Spuy and Another (08/5489) [2011] ZAGPJHC 126 (23 September 2011)
This judgment deals with the sale of a thatch-roofed house. At the…
Continue Reading »
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Issue 32 – 201104 November 2011
AGREEMENT SILENT ON HOW PURCHASE PRICE IS TO BE PAID – VOID
Slabbert and Others v Slabbert and Others (A55/2011) [2011] ZAFSHC 165 (20 October 2011)
When the owner of a farm sold it to her son and his wife, the sale agreement…
Continue Reading »
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Law Update : Issue 628 October 2011
RESTRICTIVE TITLE CONDITIONS & ZONING PROVISIONS – KNOW THE DIFFERENCE OR FACE RISKS
Nelson Mandela Bay Metropolitan Municipality v Harlech-Jones NO and Others
This recent judgment in the above matter draws attention…
Continue Reading »
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Issue 31 – 201121 October 2011
MUNICIPAL ACCOUNT DISPUTE: WHEN CAN SERVICES SUPPLY BE CUT?
Body Corporate Croftdene Mall v Ethekwini Municipality [2011] ZASCA 188; 603/2010 (10 October 2011)
Section 102 of the Municipal Systems Act empowers a municipality,…
Continue Reading »
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Issue 30 – 201114 October 2011
BODY CORPORATE’S MANAGEMENT ALARMING? CORRECT COMPLAINT ROUTE CRUCIAL
Cassim and Another v Voyager Property Management (Pty) Ltd and Others, Cassim and Another v St Moritz Body Corporate

(Pty) Ltd and Others [2011] ZASCA…
Continue Reading »
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 Print PageNewsflash –Select Category– Companies, Close Corporations and Trusts Deeds Office News Legal Facts for

Individual Legislative Changes Property Facts Recent Judgements SARS News CAPE TOWN FREEZES ISSUING OF RATES

CLEARANCESSent: 31 October 2011
The City of Cape Town municipality is implementing a new services integrated system in order to streamline, amongst

others, the issuing of valuations and rates clearance certificates. Read their notice here.…
Continue Reading »
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YOUR SUPPORT HAS MADE US RANK NUMBER 1 TOP PERFORMER!Sent: 08 September 2011
A big THANK YOU to ABSA for their support, which has enabled STBB to be scored as their Top Performing Attorney Firm for

the month of August 2011, with a perfect score of 100% achieved by our Somerset Mall branch, and…
Continue Reading »
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THE FUTURE OF CLOSE CORPORATIONSSent: 07 September 2011
The new Companies Act came into effect on 1 May 2011, bringing with it certain changes relevant to Close Corporations

(CC’s).
Although the new Companies Act allows for the continued existence of currently…
Continue Reading »
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HAPPY SECRETARY’S DAYSent: 07 September 2011
… or more accurately, happy office manager / telephonist / travel agent / psychologist / personal shopper / business

consultant / photocopier technician day!
Please know that, though we sometimes fail to express…
Continue Reading »
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IMPORTANT JUDGMENT REGARDING EXECUTION AGAINST IMMOVABLE PROPERTYSent: 30 August 2011
Standard Bank v Bekker, 25 August 2011, Western Cape High Court, Cape Town
On 25 August 2011 the Western Cape High Court issued an important judgment in which it detailed the facts that a

mortgagee-creditor…
Continue Reading »
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Articles Published

The Consumer Protection ActMaryna Botha – 16 March 2010 The Consumer Protection Act and typical property transactions.

Sign on the Dotted LineMaryna Botha – 16 March 2010 Sign on the dotted line – enough to conclude the contract or must

acceptance be communicated to the other contracting party.

Retirement Villages 2Lizelle Kilbourn – 16 March 2010 Retirement villages, and introduction to their legal nature,

applicable legislation and the risks faced by investors in such schemes.

Latest Newsletter

Buchanans Brief August 2011 | Issue 2

You will no doubt be aware that the Consumer Protection Act came into operation on
1 April 2011 and will have a far reaching influence on how businesses trade and transact with their customers.
 
 
Applications
Deceased Estates
Deeds of Transfer
Description of Parties
Fees
Mortgage Bonds
Powers of Attorney
Sectional Title
Sent 8 November 2011

CITATION OF COMPANIES

In terms of Chief Registrars’ Circular 6/2011, when citing the name of a private company the word “Proprietary” is no

longer to be written in brackets but must be cited as, for example, “ABC Proprietary Limited”. Should you however

continue to use the abbreviation, the brackets must be used and the company will be cited as “ABC (Pty) Ltd”.
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Sent 25 October 2011

REPLACEMENT OF A LOST FORM W

Regulation 16 of the Sectional Titles Act 95 of 1986 has been amended and now provides a prescribed form to be filed

where the original Form W in the sectional title file at the Deeds Office has been lost. A Certificate of Replacement in

the form of Form AO prepared by a conveyancer must be filed in duplicate. This amendment will come

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Newsletter Archive

Buchanans Brief August 2011 | Issue 2

You will no doubt be aware that the Consumer Protection Act came into operation on
1 April 2011 and will have a far reaching influence on how businesses trade and transact with their customers.

View Buchanans Brief August 2011 | Issue 2 »


Buchanans Brief April 2011 | Issue 1

South African law is a combination of roman law, dutch law (roman-dutch law), english law and the statutes and proclamations enacted by our national and provincial parliaments. As our judges spell out the meaning and interpretation of our law, their judgments are also regarded as a source of our law.  By the year 533 Ad the romans had a well-developed and sophisticated legal system in place. In that year, under the patronage of the emperor Justinian, all the laws of rome were codified into a single work – the Corpus Juris. A portion thereof, the Institutes of Justinian, is still prescribed for study by our law students today.

View Buchanans Brief April 2011 | Issue 1 »


Buchanan’s Brief Nov 2010 | Issue 04

In the year 1900 our founders set up shop a stone’s throw from where our St. George’s Mall office is today. Little did they know that this small office would grow into one of the biggest law firms in South Africa over the next century.

View Buchanan’s Brief Nov 2010 | Issue 04 »


Buchanan’s Brief Aug 2010 | Issue 03

STBB launched their online community, claiming the landscape of social media with Facebook, Twitter and a fresh new website, by celebrating in style at The Bay Hotel.

View Buchanan’s Brief Aug 2010 | Issue 03 »


Buchanan’s Brief May 2010 | Issue 02

2010 is proving to be an exciting year for STBB – with the World Cup pending and the economy on the up we have a lot to look forward to. In the following pages we touch on a few current affairs and give you tips on how to stay on top of your game.

View Buchanan’s Brief May 2010 | Issue 02 »


Buchanan’s Brief January 2010 | ISSUE 01

2009 was a busy year at STBB – not only in the boardroom, but also out in the field. While we believe in working hard, we also believe in playing hard and giving back to the community. In the following pages you’ll get a peek into what we’ve been up to, and you’ll find answers to some of the questions we are frequently asked.

View Buchanan’s Brief January 2010 | ISSUE 01 »


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Sample Documents

Lease Agreement 100KB Download
Antenuptial that Excludes the Accrual System 30KB Download
Antenuptial Contract Including the Accrual System 30KB Download
Acknowledgement of Debt 30KB Download
General Power of Attorney 30KB Download
Domestic Worker Employment 80KB Download

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1st Floor, Dynarc Triangle,
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Somerset Mall
Somerset West
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