Law Blog

Trustees and owners of schemes have a daunting task in terms of the new dispensation. Enforcing rules, collecting levies, complying with the Ombud’s requirements, compulsory reserve funds, insurance and dispute resolution are but a few of the new innovations. CS...

The Magistrate’s Court of Nelspruit per Magistrate Hall today granted summary judgment against the Nelspruit CID for the refund of all levies raised against an owner under the illegal CID structures. The Court held that it was bound to follow the judgment of the...

The Nelspruit CID press release regarding its withdrawal of claims for levies, contains various inaccuracies. The press release, issued on 16 November 2017, flies in the face of a Supreme Court of Appeal ruling rendering CID’s illegal. Property owners may be grossly...

Seminars will be presented on 6 Desember 2017 in Middelburg and 7 Desember 2017 in Potchefstroom Book here Eviction law has been significantly impacted by case law and procedure during the past year. In addition the Consumer Protection Act has changed the procedure of...

During the series of seminars on Evictions, the CPA and Community Schemes this year, various questions were raised regarding a number of problem areas. Due to time constraints and uncertainty on various levels (as well as my own!) a number of matters remained...

Following our previous posts on this saga, we can report that the CID has withdrawn all claims against alleged defaulting owners. The CID withdrew its claim during the trial of the matter against mr Letsela in the Magistrates’ Court of Nelspruit on 16th August 2017....

The Constitutional Court handed down judgment in the matter of Occupiers of erven 87 & 88 Berea v Christiaan Frederick De Wet N.O. [2017] ZACC 18 on the 8th June 2017. The full judgment, that outlines the duty of Courts in terms of Section 26 of the Constitution...

Christo Smith Attorneys Inc. Nelpsruit provides various legal services such as divorces, damages claims, debt collection, wills and estates, eviction and rental claims, sales & leases, trusts and general commercial transactions.The firm provides conveyancing and...

A seminar on the new Sectional Title and Community Schemes dispensation will be presented on 26 May 2017 in East London. Community Schemes have become daunting to manage and negotiate. Two new Acts, the Sectional Titles Schemes Management Act 8 of 2011 and the...

Sectional Title and Community Schemes have become daunting to manage and negotiate. Two new Acts, the Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Service Act 9 of 2011 are effective from 7th October 2016. This legislation provides...