Does a trust need to register as a homebuilder?

Does a trust need to register as a homebuilder? Each year, hundreds of new homes are constructed by commercial developers around the country. To regulate this industry, the Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) established the National Home...

Emoluments attachment order vs Garnishee order

Emoluments attachment order vs Garnishee order. Once judgment is granted in your favor for a debt owed to you or your business, you may feel that you have come to the end of a long and frustrating battle to claim what is rightfully yours. Unfortunately, this may not...

Sharia Compliant Financing Arrangements

In Albaraka Bank Ltd v Halaal Royal Snacks (Pty) Ltd, the court emphasized that, “there is nothing intrinsically wrong, unlawful or contrary to public policy in banking transactions being entered into according to the Sharia law[/Islamic Law].”[1] The court went on to...

Deadlock-Breaking Mechanisms

The Lifelines for Agreements to Agree and Agreements to Negotiate in Good Faith   In order for a contract to be valid, it needs to fulfill certain requirements. Firstly, the parties entering into the contract need to have the capacity to do so. Secondly, there...