Frequently Asked Questions

The initial step in the eviction process involves issuing the tenant a cancellation notice, requiring them to vacate the property within thirty days. Should the tenant fail to comply, an Eviction Application will be filed. The eviction process entails two court appearances. During the first appearance, a Section 4(2) order is authorised in accordance with the Prevention of Illegal Occupation from an Unlawful Eviction Act. This order is served to the tenant along with the eviction application, which will also specify a court date.

At the final appearance, the court will establish a deadline for the tenant to vacate the premises. If the tenant remains in the property beyond this date, the Sheriff of the Court is authorised to carry out the eviction.

A commercial eviction application differs from the previously mentioned processes in that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) does not apply. In this context, the landlord has the authority to terminate the lease agreement per its terms and subsequently request that the tenant vacate the premises within twenty business days. Should the tenant fail to comply, the landlord may proceed to file an eviction application. This application typically results in a single court appearance, during which an order is issued. If the tenant does not vacate by the court-specified date, the Sheriff is empowered to carry out the eviction with a Warrant of Ejectment.

A Body Corporate is typically overseen by managing agents responsible for the administration of the sectional scheme, including the collection of outstanding levies. If internal collection efforts prove unsuccessful, we are then authorised to pursue the arrears. Our initial action involves sending the owner a Letter of Demand, requesting payment within seven days. Should the owner fail to comply, a Combined Summons will be issued and served by the Sheriff. The owner then has ten days to respond to the action; if no defense is entered, the subsequent step is to file a Request for Default Judgment. The arrears are then collected by a Warrant of Execution, wherein the movable property will be attached and sold on auction.

Estate living is not without its challenges! This issue is a rising problem — the correct procedure is that the BoD/BoT approach the Community Scheme Ombud Service and lodge a dispute. The adjudicator will conduct the necessary processes/investigations and will issue an adjudication order. A pet may only be removed by way of an order; an adjudication order should be confirmed by the appropriate forum.

A divorce proceeding is initiated with the issuance and service of a combined summons. The duration and complexity of the process can vary significantly based on individual circumstances. If minor children are involved, it is essential to consult with a family advocate to facilitate the endorsement of arrangements concerning their welfare. Should the parties reach a settlement agreement, the court will formalise this agreement as a court order. Conversely, if the parties are unable to settle, the matter will proceed to trial.

Yes, maintenance can be claimed irrespective of the applicable marriage regime.

If an individual’s financial circumstances change and they are court-ordered to pay maintenance, it is imperative to petition the maintenance court for a modification of the order. All relevant supporting documentation regarding the financial change must be submitted to the court for consideration.

In South Africa, there are three recognised forms of civil marriage:

1. In Community of Property: Under this arrangement, the separate estates of both spouses merge into a single estate upon marriage.
2. Out of Community of Property, with Accrual: Each spouse’s estate remains distinct prior to marriage. However, once married, the growth of their respective estates is assessed. If, for example, Spouse X experiences an increase in their estate since the marriage, Spouse Y will be entitled to half of that growth.
3. Out of Community of Property, excluding Accrual: Legally, the estates of both spouses remain separate, with no sharing of growth or assets accumulated during the marriage.

Yes, we draft Ante-Nuptial Contracts in accordance with the needs of the parties.

An Ante-Nuptial Contract must be notarised by a Notary Public prior to the wedding day. Depending on the needs of the client, it would be advisable to consult your attorney two to six weeks prior.

The prescription of debt is regulated by the Prescription Act, 68 of 1996, and regulates the enforcement of any monetary debt owed to a party. The Prescription Act makes mention of four specific time-frames, being three, six, fifteen and thirty years. Most debts, however, will prescribe within the three year period.

The general answer is no, but a closer look at Section 15 of the Prescription Act may provide you with scenarios where such debt may be enforceable.