Seminars

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Eviction, the Consumer Protection Act and new Rules of Court

Senior practitioners as well as clerks and less experienced practitioners can benefit from this seminar. The seminars focus on the latest amendments to the court rules, as well as Eviction procedures. The latest developments and case law are dealt with in “nutshell” fashion and the procedures are discussed comprehensively to the benefit of all participants regardless of their experience. Eviction law has developed over the past 10 years and is constantly developing, especially regarding the procedures and practice directives.

This seminar deals with the latest case law and the new practical measures. It is practical and seeks to engage participants in problem-solving discussions. Detailed precedents are provided as well as comprehensive notes.

The procedure in Pie and Esta applications are dealt with, both regarding the Magistrates’ and High Courts. The CPA and how it has impacted eviction and rental claims as well as recent amendments to the rules of court, are discussed. The CPA has also impacted leases of immovable property and new case law and interpretations are dealt with.

High Court & Magistrate’s Court Civil Procedure

This morning seminar deals with practice and procedure in both the High Court and Magistrate’s Court. The seminar is especially aimed at practitioners who need to quickly get to grip with the latest amendments. The impact of various statutes and their application are also dealt with.

The following is dealt with:

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The Litigation process – an overview of purpose and chronological order of pleadings and conducting of a trail
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A discussion of the Rules of Court more frequently encountered in practice
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Drafting of pleadings, particulars of claim, pleas, counter claims and applications
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Discussion of all frequently encountered causes of action, with precedents
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Discussion of specific processes:
Rescission of judgments
Interlocutory applications
Eviction
Various statutory measures : the CPA, NCA, Pie & Esta
Interdicts and attachments – new rules 43A and 46A.

Christo Smith Attorneys Inc. presents seminars on various legal topics in collaboration with Veritas Legal Empowerment. The presenter, Christo Smith, is a practicing attorney with 30 years experience in the field of property law. He is the author of Eviction & Rental Claims : A practical guide as well as Civil Practice in Magistrates’ Courts : The Practitioner’s Manual. Both books are published by LexisNexis. He has presented seminars privately and on behalf of the Law Society and LEAD on Eviction, Magistrates’ Court Rules, The Consumer Protection Act and recently Sectional Titles & Community Schemes Acts.

SEMINARS ON PROPERTY LAWSectional Titles, Community Schemes & the Ombud

The sectional title and community scheme landscape has been drastically transformed by new legislation which makes provision for a dispute resolution mechanism as alternative to legislation through the courts. The Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Service Act 9 of 2011 came into effect on 7th October 2016. Various Regulations have also been published.

Attorneys, Trustees and Estate agents must know the critical aspects of the legislation. It provides for a litigation process regarding disputes to be decided by the Ombud. The legislation also requires compliance in various respects and contravention may result in liability of estate agents and various other persons, based on negligence in the execution of their duties and marketing of property.

The most important innovations brought about by these Acts, together with their respective regulations, which will be discussed during the seminar, are the following :

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Registration of schemes with the Ombud Service (30 days)
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Monthly levies to be paid to the Ombud by every unit (90 days)
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Annual returns to be filed by every scheme
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Prescribed management and conduct rules
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Specified amounts to be held in reserve funds
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Audited financial statements
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Maintenance plan drawn and lodged annually
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Dispute resolution (litigation) procedures
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Voting rights and resolutions
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Duties and liability of managing agents
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Fidelity insurance
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Clearance certificates
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Penalties and interest

This is a breakfast seminar (07h00 – 12h00) : full breakfast included. The Paarl seminar will be presented in Afrikaans, but this is not inflexible : if there are any English attendees who do not understand Afrikaans, the seminar will be presented in English with ample time for Afrikaans questions and discussion.

Seating is limited, booking essential.
Comprehensive notes, condensing and explaining the Acts in an understandable format, will be provided.

Successful seminars on Eviction law were held in Cape Town, Paarl (Afrikaans), Pretoria and Johannesburg during March 2016

The book on Eviction is a loose-leaf publication and is regularly updated. It now includes a new comprehensive section on the effect and application of the Consumer Protection Act on leases and eviction. Christo has presented seminars countrywide on behalf of LEAD as well as privately for a number of years. He is an expert in the field of eviction and rental claims and litigates extensively in this field of the law.

Seminar Feedback

It was eye opening - very interesting : I really enjoyed it. Thank you.

Mersheley Shai

Uitstekend. Ek wens ek kon jare gelede hierdie seminaar bywoon.

Wilna Roux

Excellent (keep up the good work)

Hansie Augustiny

Baie dankie - baie waardevol

Merwil van Zyl

Very much helpful

Ingrid Essl

We can assist you with any legal issue – go to the relevant field for more information or call us at 013 753 3187

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