The creation methods of servitudes in South Africa

Servitudes in South Africa can be created or come into existence in multiple ways. The methods of creation, which will be discussed, include the registration thereof by way of an order of court and through legislation. A servitude can be described as a limited real right that can either provide the holder with the use […]

The increasing importance of Fidelity Fund Certificates

Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may have certain questions regarding the application process to obtain the Certificate, its issuing from the Authority and any disqualifications from issuing, its amendment, withdrawal, and lapse thereof. A Property […]

The tax legislative amendment cycle

As we approach the (expected) 24 February 2021 Budget Address by Finance Minister, Tito Mboweni, it is useful to consider how the proposed tax amendments raised during the Budget Speech eventually become law. As a starting point, it is important to remember that the South African Revenue Service (SARS) does not make tax law. In South Africa, Parliament is responsible […]