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October 2016 Newsletter

Lost Views and Rising Damp – Lessons for Home Buyers

“Learn from the mistakes of others. You can’t live long enough to make them all yourself.” (Eleanor Roosevelt)


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.  


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Garnishee Orders: A 7-Point Practical Guide to New Rules for Lenders, Debtors and Employers

“…..the law regulating the granting of emoluments attachment orders was misapplied and abused by the credit providers.  This caused enormous hardship to individuals against whom those orders were issued” (extract from judgment below)


How does the Constitutional Court’s new ruling on garnishee orders (more properly referred to as EAOs or Emoluments Attachment Orders) affect you?


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Divorce Maintenance: Can You Contract Out of It?

“The concept of chivalry is beyond his comprehension and lies dead and buried in his mind, if it ever existed” (Part of the Court’s scathing assessment of the husband in the judgment below)


Generally, our laws hold us to the agreements we make with each other, but there are limits.  A recent High Court judgment, dealing with a bitterly-fought divorce dispute, illustrates.


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Selling Property? Check for VAT Before You Sign

“There's many a slip 'twixt the cup and the lip” (very old and very wise proverb)

You sell your property for a good price and, with the deal in the bag, you start daydreaming about how to spend the proceeds.  Then – disaster of disasters – you realise that in the excitement of the sale you forgot all about VAT.  

It’s an easy mistake to make, and a recent High Court case shows just how costly it can be.


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Your October Website: Tax Clearance – Now Available Online

SARS has launched a new TCS (Tax Compliance Status) system.  See “How to Access Your ‘My Compliance Profile’ (MCP) via SARS eFiling” on the SARS website for a comprehensive guide on how to use it ...


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Disclaimer
The information and material published on this website is provided for general purposes only and does not constitute legal advice. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Smith Bekwa Incorporated Attorneys
6th Floor, Surrey Place 291 Surrey Avenue Ferndale, Johannesburg
Tel: 011 462 7842 / 011 704 2802



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