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Community Scheme Ombud Service Act No 9 of 2011

On the 7th of October 2016 the Sectional Title Schemes Management Act (8 of 2011) (“the Schemes Management Act”) and the Community Schemes Ombud Service Act (9 of 2011) (“the Ombud Service Act”) were proclaimed. The two Acts work in conjunction to improve the regulation...

Conflicting Claims for Estate Agents Commission

General requirements for entitlement to commission are: Existence of a mandate (sole and exclusive OR open) Performance of the mandate (terms of the mandate must have been fulfilled) Effective cause Three important cases relating to the question of effective cause are: 1. Webranchek v L...

Conflicting Neighbours

Unlike in a socialist society where public ownership of property prevails, in a free market society the law of property as it relates to individual ownership is usually highly developed. Although property ownership in general covers tangible things, such as land, houses, cars, ownership can...

Consumer Protection Act 68 of 2008

The Consumer Protection Measures Act sets out the minimum requirements to ensure adequate consumer protection.   The President of South Africa signed the Consumer Protection Act on 24 April 2009 and it was published in the government gazette on 29 April 2009 and will operate...

Contracting with Companies

No approval of company actions and documentation required by the Companies and Intellectual Property Commission (CIPC) any longer. The Companies Act 71 of 2008 specifically reduces the company’s reliance on the regulator, the Companies and Intellectual Property Commission (“CIPC”). Although companies still have to comply...

Contractual Capacity – Close Corporation

Northview Shopping Centre v Revelas Properties (275/09) [2010] ZASCA 16 (18 March 2010) A close corporation, like a company, is a legal fiction. It can enter into legal transactions only through natural persons. The question for decision in this appeal was whether an agent of...