Newsletters 2018

February 2018
Buying into any form of community scheme means binding yourself to comply with all the scheme’s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them.
But not all rules are legally enforceable, and there’s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting.

Can You Still Sell As Is? CPA v The Voetstoots Clause

March 2018
When buying or selling a house, a car, or anything else, you should be clear on whether or not things can still be sold "as is" i.e. without any warranty against defects.
There has been much speculation as to whether or not the very common "voetstoots" clause has been killed off by the strong buyer protections contained in the Consumer Protection Act, and we analyse this question in regard to sales of both movable and immovable property.

How to Avoid Disputes over Jointly Owned Property

April 2018
Pooling your resources with someone else to buy property can make a lot of sense, whether you plan to share a house, a holiday home, an office or just an excellent investment.
Just remember the old Roman law maxim “co-ownership is the mother of disputes”. Plan upfront for the day that relationships sour or disagreements arise. Otherwise you risk all the hassle, cost and delay of dispute and litigation.

Facebook Defamation – The Truth is not Enough!

May 2018
No one wants to be sued for defamation. Apart from the public embarrassment (the media loves this sort of story, particularly where there’s a Social Media angle), emotions tend to run high so you will be embroiled in litigation that is as unpleasant as it is costly and time-hungry.


Of course there are no free lunches in life, and a tenant wanting to cancel before the lease has run its full course is going to have to pay at least something for the privilege.



September 2018
We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone. But it’s not easy to contemplate our own mortality, nor is it easy to find the time in our busy schedules to attend to even the basics of doing so.

October 2018
When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots ("as is" or "without any warranty") clause in your sale agreement.

These reforms are aimed at promoting foreign investment, encouraging the migration of critically skilled labour into South Africa and increasing tourism. Ultimately, the immigration reform announced by the Minister is aimed at boosting economic growth and counteracting many of the unintended consequences of the 2014 Amendments to the Immigration Act of 2002, which, in turn, particularly impacted negatively on tourism.

December 2018
If cowboy Will Rogers' practical advice "Don’t wait to buy land, buy land and wait" has you looking for a property to buy this Festive Season, don't miss out on an invaluable source of relevant information – the title deed.
KVN Newsletters – View latest Newsletters »
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Buying Property this Festive Season? Check the Title Deed First!
December 2018
If cowboy Will Rogers' practical advice "Don’t wait to buy land, buy land and wait" has you looking for a property to buy this Festive Season, don't miss out on an invaluable source of relevant information – the title deed. -
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Selling Your House: Disclosing Defects
October 2018
When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots ("as is" or "without any warranty") clause in your sale agreement. -
Do You Need a Will?
September 2018
We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone. But it’s not easy to contemplate our own mortality, nor is it easy to find the time in our busy schedules to attend to even the basics of doing so. -
Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?
August 2018
As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do? -
How to Escape from a Property Suretyship
July 2018
You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says “sure, your company can have a R5m loan, just sign this personal suretyship here”, you sign. -
What Happens If You Cancel Your Lease Early?
June 2018
Whether you are a tenant or a landlord, chances are that sooner or later you are going to be asking yourself the question "What happens if the lease is cancelled early?"
Of course there are no free lunches in life, and a tenant wanting to cancel before the lease has run its full course is going to have to pay at least something for the privilege. -
Facebook Defamation – The Truth is not Enough!
May 2018
No one wants to be sued for defamation. Apart from the public embarrassment (the media loves this sort of story, particularly where there’s a Social Media angle), emotions tend to run high so you will be embroiled in litigation that is as unpleasant as it is costly and time-hungry. -
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Can You Still Sell As Is? CPA v The Voetstoots Clause
March 2018
There has been much speculation as to whether or not the very common "voetstoots" clause has been killed off by the strong buyer protections contained in the Consumer Protection Act, and we analyse this question in regard to sales of both movable and immovable property. -
Security Estates: Are Your Rules Enforceable?
February 2018
Buying into any form of community scheme means binding yourself to comply with all the scheme’s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them.
But not all rules are legally enforceable, and there’s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting. -
It's Wedding Season! Here's Why You Need an ANC (Whether You Marry Here or Overseas)
December 2017
Wedding Season is in full swing, and it is essential that you start off on the right foot by sorting out all the legalities beforehand.
Upfront legal advice and assistance is essential here. We'll look by way of example at the "international wedding" scenario - at which country’s "marital regime" will apply to you -
Closing Down the Guesthouse Next Door: Notes for Owners and Neighbours
November 2017
Are you planning to open a guesthouse? Or perhaps you live next door to an existing guesthouse and for some reason want to have it shut down?
Either way, you need to know what your rights are, and what you will have to prove if you end up in a court battle. -
How the "Historical Rates" Judgment Affects You
October 2017
"It is declared that, upon transfer of a property, a new owner is not liable for debts arising before transfer from the charge upon the property..." (Constitutional Court Order). How does the recent Constitutional Court decision on "historical rates" affect you in practice? -
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Property: Do You Have Automatic Rights to Views and Privacy?
April 2017
“Diligence is the mother of good fortune” (Miguel de Cervantes)
Another warning to do your homework before you buy or develop property comes from a recent High Court decision to set aside a municipality’s approval of building plans. -
Starting a Business in 2017: The Private Company Option
January 2017
"My best entrepreneurial advice is to start" (Dave Morin, entrepreneur, angel investor, CEO and co-founder of social network Path)
In our last article in the series “Choosing the right legal entity for your business” we looked at the partnership option. Let’s move on to the private company option, where your business is owned and operated, not by you as an individual or by a group of individuals, but by a “(Pty) Ltd”. -
Barking Dogs Driving You Batty? Noisy Neighbours and the Interdict Option
February 2017
“Nuisance usually involves repeated infringement of the Plaintiff's property rights. An objective weighing up of the interests of the various parties, taking into account all the relevant circumstances is required in these matters” (from judgment below) -
Buy That House! You’re off the Hook for the Seller’s Municipal Debts
December 2016
“Why should a municipality be entitled to visit the sins of a predecessor in title upon innocent third parties when there is no relationship or connection between that party and the debts in question?” (Extract from judgment below) -
Bad Tenants: Can You Lock Them Out? "I'll answer him by law" (Shakespeare)
November 2016
It's very tempting, when you have a bad tenant who doesn't pay his/her rentals or otherwise remains consistently and unapologetically in breach of the lease, to slap the biggest and strongest padlock you can find onto the front door/driveway gate. -
"Learn from the mistakes of others. You can't live long enough to make them all yourself." (Eleanor Roosevelt)
October 2016
Here's the story of yet another bitter dispute between neighbours over the loss of a treasured view. The setting this time is a group housing development which was specifically designed to give each and every house views of both the sea-shore and of Table Mountain. -
Your Will And A Practical Plan For Your Loved Ones
September 2016
Whether you are young or old, healthy or ill, single or attached, you should have a Will. Without one, you die “intestate”, which means you forfeit your right to decide who inherits what, who administers and distributes your estate, and who looks after your children and their money. -
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Property Agreements – An Alteration Could Sink Your Sale!
June 2016
Although in our law most verbal contracts are binding, property sale agreements are an exception. They must be in writing and signed by the parties to be valid, the reason being that it greatly reduces the risk of confusion or dispute as to what the buyer and seller have actually agreed.
KVN Immigration News – View All Articles »
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Big changes on the cards for South Africans looking to move to the UK
The UK has revealed its new skills-based immigration system for EU and non-EU nationals.
According to Sable International immigration expert, John Dunn, the new immigration system means that entry into the UK with a work visa will be based on skills and qualifications – rather than nationality. -
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Re-application for PRP for those who applied prior to 02 June 2014
The Department of Home Affairs received permanent residence applications prior to 02 June 2014 utilising the Track and Trace system. The Department has noted that it does not have 4 616 applications on hand as per Track and Trace system. -
The case for immigration
Copyright: http://www.vox.com/policy-and-politics/2017/4/3/14624918/the-case-for-immigration
Current policy could be improved, but American greatness depends on welcoming foreigners.
George Washington set in motion a strategy so radical that it made this country the wealthiest and strongest on Earth — it made America great. -
Which countries have the most immigrants?
One of the biggest mass movements of people in recent history continues to dominate news headlines and political discourse.
The defining images of the refugee crisis have been those showing hundreds of flimsy boats arriving on the beaches of southern Europe. Each one disembarks a human cargo of desperate and frightened people with a turbulent past and an uncertain future.
The political reaction to the crisis has been mixed. Germany, at least initially, warmly welcomed the new arrivals. In Britain, concern over immigration played a major role in the vote to leave the European Union. -
'We are coming for you' - Gigaba to businesses employing illegal immigrants
Cape Town - Unethical businesses that employ illegal immigrants are going to be dealt with harshly and managers will be arrested for not adhering to the law, Home Affairs Minister Malusi Gigaba warned on Thursday.
"Companies, businesses: Be warned. We are coming for you. We will charge them, there’s no doubt. The manger will be charged. Often times, we focus on the undocumented employee and not the company," he said. -
Workplace: 60% staff inspections in pipeline – Gigaba
Home Affairs Minister Malusi Gigaba has clarified that all businesses – not just those in the hospitality or construction sectors – were required to have a workforce of at least 60% SA citizens in their employ, says a Cape Argusreport.
Gigaba said his department was preparing for a ‘mass inspection’ of businesses countrywide to ensure they complied. He added: ‘The risk of not employing South Africans is that it endangers the lives of foreigners and the property of companies. -
It's time to restate the business case for migration
Last Friday, America's President Trump issued an Executive Order, temporarily banning the entry of Syrian refugees, suspending the entire US refugee admission programme for 120 days, significantly reducing the number of refugees to be resettled in the US this year, and stemming all migration to the US from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days. -
Department of Home Affairs - MEDIA STATEMENT: on Angolan Cessation processes
The Department of Home Affairs has noted with concern misleading media reports in relation to the Angolan Cessation process and wishes to correct certain misrepresentations that seek to paint the South African government in a negative light. -
SA shows it is open for business despite turmoil
Pretoria News, 4 September 2015 -
Minors Travelling Internationally
With new visa regulations being implemented on Monday 1st June 2015, the department of Home Affairs has a backlog of around 4,000 applications for unabridged birth certificates. From 1 June 2015, children under the age of 18 will be required to have an unabridged birth certificate or equivalent document if they are entering or leaving the country as part of South Africa's new immigration regulations. -
International Medical Aid Accepted for Certain Study Visas
Persons with school going minor children who have medical aid in place for them by an international medical aid provider (e.g. BUPA) no longer need to take up an additional South African medical aid for the children as is required in the law. -
SAQA Process More Onerous
The South African Qualifications Authority (SAQA), which is responsible for evaluating foreign academic qualifications, has started including the documents' verification in its process. This means that foreign qualifications are now only being evaluated once the issuing university (or institution) has confirmed in writing that they have in fact issued the certificate and that it is genuine. -
BRICS Multi-Entry Visa, New Visa Centres Opened in India and China
South Africa is intent on ensuring that its BRICS partners are accommodated under the new visa rules. Home Affairs has created a new 10-year multi-entry visa allowing a stay of 30 days per visit, available to business visitors who are BRICS citizens (Brazil, Russia, India, and China). Seven additional visa centres have been opened in India and 2 in China to ease the burden of traveling long distances to visa centres in order to make visa applications. -
Business Permit / Visa Conditions, DTI Monitoring Compliance
The Department of Trade and Industry (DTI) has developed fairly sophisticated procedures to checks on business permit or visa holders for compliance with their visa or permit conditions. Starting with in-depth desktop research to verify location and appearance of business premises, company registration, SARS compliance etc., the DTI establishes whether the business is up and running and, in fact, conducting the type of business described in the investor's business plan.