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Subject to or Suspensive Conditions: Everything you need to know about the clause

Subject To Clauses Blog Post

Usually when a so-called “subject to” clause is inserted into an Offer to Purchase, for the purchase of immovable property, it means that there is a condition that must be first fulfilled before the agreement is deemed to have been concluded and the property can be registered in the purchaser’s name.  These clauses are also known as “suspensive conditions” as they suspend the operation of the agreement until such conditions are met.   Ardene Nel, Attorney and Conveyancer at Hammond Pole highlights the most common examples of “subject to” conditions in real estate:   1. The offer is Subject to Mortgage/Bond finance   When a buyer...

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Supreme Court of Appeal (SCA) Judgement

supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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Is vaccination in the workplace compulsory?

vaccination-in-the-workplace

Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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Working from Home: What’s the law?

working from home

While it certainly is more comfortable, are you legally obligated to work in the office if you feel unsafe doing so? What are your rights as an employee when it comes to working from home?   Unlike when we had our first lockdown, this current third wave is different! We are no longer dealing with the state of shock that we all experienced previously due to acclimatising to a new way of life. The shock has now passed, and most of us just want to get on with business as usual.   Covid-19 forced radical, immediate developments within most industries. Most companies jumped into...

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Cyber-attacks and Business Email Compromise

business email compromise

Cyber-attacks and Business Email Compromise (“BEC”) in commerce have become a major concern for attorney firms and their clients alike. Neil Mc Kinon, Attorney and Conveyancer at Hammond Pole explains the reality of email interceptions and email compromise.   According to a global survey conducted by Mimecast Cyber Security Services in 2020, 6 out of 10 companies globally suffered a Ransomware attack and, given the rise in digital activity over the last year, email threats increased by 64%. Also, according to a report by Accenture in May 2020, South Africa has the third most cybercrime victims, losing R2.2 Billion a year.   Who is...

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POPI Act: Under the magnifying glass

South African POPIA

Michelle Orsmond, Attorney, Notary Public & Conveyancer at Hammond Pole Attorneys shares valuable insight on the what the POPIA Act is all about, the importance of compliance and the fact that consent is not always necessary. What is POPI and when did it start? The Protection of Personal Information Act 4 of 2013 (POPIA) forms part of South Africa's Privacy Data law and its purpose is to protect Personal Information together with the requirements for the processing of Personal Information. The POPI Act gives effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to...

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Religious Marriages and the results thereof

Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. This article has been written by Michelle Orsmond, an in-house Family Law expert at Hammond Pole Attorneys.  In this article, we take a brief look at foreign and customary marriages and the implications thereof when entering into such a marriage. Religious marriages, more in particular Muslim Marriages, have no legislative framework governing them. These religious marriages are not legally recognized as having the same legal status as civil marriages in terms of the Marriage Act 25 of 1961. The consequence of...

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Foreign & Customary Marriages and the implication on the South African Property Law

Marriages

Hammond Pole Attorney, Neill Mc Kinon tells us more about Foreign & Customary Marriages, and the implications thereof when it comes to conveyancing. Marriage in South Africa whether religious or by way of civil union comes with a set of consequences applicable to the transfer of immovable property. The same can be said about foreign and customary marriages. Firstly, whilst foreigners living in South Africa are entitled to own property, the consequences of a foreign marriage must always be taken into account when acquiring and disposing of immovable property. When it comes to dealing with married persons in South Africa, the Marriage Act...

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An overview of Civil Union & Partnerships by Hammond Pole Attorneys

Civil Union & Partnership

 Hammond Pole Attorney, Ardene Nel provides an overview of Civil Union Marriages & Partnerships in this article.  What is a Civil Union? Civil Union marriages were introduced in South Africa by way of the Civil Union Act, 2006. This specific Act, is the act which legalised same sex marriages. Parties who enter into a Civil Union Marriage or partnership have the same rights, legal consequences and responsibilities, as parties who have entered into a civil marriage. A Civil Union marriage or Partnership can either be a marriage or partnership between a party of the same sex, or those of the opposite sex. What are the different...

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Civil Marriages

Civil Marriages

To establish the contractual capacities of the parties who enter into an agreement, it is of utmost importance to first confirm these parties' marital status. This will determine the positions in which the parties can act in terms of concluding an agreement. Civil marriage is a marriage that entered into between a man and a woman. More particular, the parties are of the opposite sex. In terms of South African Law, there are three types of Civil Marriages, and they are as follows: -           A marriage in community of property; -           A marriage out of community of property, with the inclusion of the accrual...

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