STBB

02/03/2025

In an uncontested divorce, spouses negotiate the terms of their divorce and sign a consent paper (settlement agreement), which is prepared by an attorney and outlines the division of property, maintenance payable, and child contact arrangements.

A combined summons, which initiates divorce proceedings and specifies all the particulars, is issued and filed with the court on behalf of the plaintiff. The sheriff of the court serves the summons on the defendant, who may otherwise defend the matter within 10 court days of service.

If minor children are born of the marriage, the parties will conclude a parenting plan, which, along with the consent paper and other court documents, must be submitted to the Family Advocate for review and recommendation.

Once the prescribed period has passed, the attorney sets the matter down at court and briefs the advocate, who will present the plaintiff’s case in open court.

On the day of the hearing, the plaintiff appears in court to confirm the allegations made in the summons.

If the presiding judicial officer is satisfied that the marriage has irretrievably broken down, a divorce order will be granted, incorporating the consent paper and parenting plan, if applicable.

At STBB, we offer a convenient and revolutionary online divorce platform for couples interested in finalising their divorce as painlessly and expeditiously as possible.

To learn more, visit this link: https://stbb.co.za/online-divorce/

For expert legal assistance, contact our divorce attorneys at [email protected].

28/02/2025

In the latest edition of our All About Property newsletter, we explore the Western Cape High Court’s rejection of an unlawful occupier’s refusal to vacate a property sold in ex*****on of debt, introduce you to Director and distinguished property and development law expert, Annetjie Coetsee, and discuss the critical importance of obtaining a rates clearance certificate.

In addition, we release the final instalment of our two-part podcast series on managing estates across jurisdictions, which is particularly relevant for persons who own property abroad, explain the statutory obligation on attorneys and agents to obtain F**A documentation in property transactions, and highlight the PPRA’s warning to consumers to verify property practitioners.

Read our expertly composed All About Property newsletter here: https://url.za.m.mimecastprotect.com/s/b-HaCqjpMGhkznAwuZfzTElaxD?domain=mailchi.mp

Like what you see? Sign up now for legal news and insights delivered straight to your inbox: https://stbb.co.za/subscribe/

27/02/2025

In the final instalment of our estate-focused two-part series, Senior Associate and estate law expert, Caryn Avenant, explores the vital necessity of having separate wills in each territory in which one holds assets. Noting the cumbersome nature of administering an estate across multiple jurisdictions, Caryn discusses the potential delays and unwanted costs of holding a single ‘worldwide will’. In addition, she explains the pitfalls of automatic succession, the legal implications of being married in accordance with the laws of another country, and the documentary challenges associated with nominating a foreign executor.

Listen to the full episode on Iono: https://iono.fm/e/1530084

25/02/2025

Please join us in extending our warmest congratulations to Shanaaz Speelman and Mabette van Heerden, who were recently admitted to practise as Attorneys by the Western Cape Division of the High Court of South Africa.

This achievement is the result of their hard work, dedication, and perseverance and we look forward to witnessing their future contributions to the legal profession.

23/02/2025

Under South African law, dismissing an employee based solely on their age is deemed automatically unfair, unless that employee has reached the agreed or normal retirement age for individuals employed in their line of work.

An ‘agreed’ retirement age is usually set out in an employee’s employment contract whereas a ‘normal’ retirement age is determined by reference to the standard age employees are required to retire.

Over the years, our judiciary has grappled with whether an employer is permitted to dismiss an older employee at any stage after they have reached the agreed or normal retirement age. Presented with a recent opportunity to finally settle the law, the Constitutional Court failed to agree on this increasingly common employment issue.

As the law stands, an employer may dismiss an employee – on the basis of age – at any stage once they have reached the agreed or normal retirement age.

For a breakdown of this legal position, read our latest labour law article: https://stbb.co.za/pulse-the-case-of-the-post-retirement-dismissals-con-court-fails-to-reach-consensus-in-crucial-employment-law-matter/

For expert legal assistance with all labour and employment-related matters, contact our specialists at [email protected].

20/02/2025

In part one of this month’s engaging two-part series, estate law specialist and Senior Associate, Caryn Avenant, discusses the challenges and practicalities of administering an estate in instances where an individual resides in another country and retains assets in South Africa or where an heir lives abroad. Additionally, she provides practical guidance in scenarios where a South African resident passes away while overseas and the foreign jurisdiction issues a death certificate in a language other than English.

Listen to the epsiode on Iono: https://iono.fm/e/1526309

18/02/2025

It is imperative to select a divorce attorney, who is not only skilled and knowledgeable, but understands the complexities of diverse family and domestic relationships.

Divorce may involve the division of assets, care and contact in respect of any minor children, spousal maintenance, and forfeiture claims. As such, it is crucial to work with an expert divorce attorney who has the requisite legal know-how and experience to secure your interests (and the best interests of your children), avoid legal complications, and minimise the risk of proprietary or contact disputes.

At STBB, our family law experts have the skills and knowledge to manoeuvre the legal intricacies of divorce. Beyond this, they are acutely aware of the multi-layered dynamics of family relationships and the critical importance of reaching an agreement as quickly and efficiently as possible to avoid ongoing conflict and future disputes.

For expert legal assistance you can trust, reach out to our divorce attorneys at [email protected] today.

For a full overview, read our article: https://stbb.co.za/pulse-thought-of-the-week-why-you-need-a-skilled-divorce-attorney-sensitive-to-family-dynamics/

16/02/2025

STBB Pulse: Legal insights you can trust

In the latest edition of our Pulse newsletter, we explore the Constitutional Court’s failure to reach consensus in an important employment law matter concerning post-retirement dismissals, release part one of our engaging two-part podcast series on managing estate administration across jurisdictions, and highlight the necessity of securing a skilled divorce attorney who understands family dynamics.

In addition, we celebrate Director Adam Ismail’s recognition in the Chambers Global Guide (2025) in the Corporate/M&A category, unpack a recent ruling from the Supreme Court of Appeal, which confirms that ‘creditor’ includes post-commencement creditors in the context of business rescue proceedings, and invite you to attend our upcoming webinar on resolving sectional title disputes.

Read our expertly composed Pulse newsletter here: https://url.za.m.mimecastprotect.com/s/MfQUC8qzBkFPO864UnfDTy3LID?domain=mailchi.mp

Like what you see? Sign up now for legal news and insights delivered straight to your inbox: https://stbb.co.za/subscribe/

13/02/2025

It is with great pride and excitement that we announce that Adam Ismail, Director and Head of Corporate and Commercial Law at STBB, has once again been ranked in the prestigious Chambers Global Guide in the Corporate/M&A category.

With 24 years of post-admission experience, Adam is a highly skilled and sought-after legal practitioner with extensive expertise in handling complex mergers & acquisitions, B-BBEE structuring, commercial real estate transactions, including high-profile property development deals, and inbound investments in South Africa and sub-Saharan Africa.

Adam’s inclusion in this year’s Chambers Global Guide, which ranks distinguished global lawyers across more than 200 jurisdictions, reflects the exceptional quality of his work in the corporate and commercial sphere, the emphasis he places on efficiency and accountability, and his steadfast commitment to unrivalled client service.

We are honoured to have a legal expert of Adam’s calibre and integrity at STBB and look forward to many more years of continued excellence and collaboration.

For expert and efficient legal guidance, contact Adam and his team at [email protected].

13/02/2025

JOIN US FOR A FREE 60-MINUTE WEBINAR!

In this month’s enlightening webinar, long-standing Director and litigation expert, Martin Bey, examines dispute resolution in the context of sectional title schemes. Undoubtedly, the nature and extent of sectional title disputes – and their most appropriate solutions – vary widely. Sometimes, mediation is preferred over litigation. In other instances, an initial referral to the Community Schemes Ombud Service (‘CSOS’) may be essential. Ultimately, the best path forward is shaped by various factors and practical considerations. To that end, Martin will expertly guide viewers through the legal mechanisms for optimal dispute resolution. If you’re a sectional title owner or tenant, prospective purchaser, or astute estate agent interested in expanding your legal knowledge, you won’t want to miss this informative webinar.

Date: Thursday, 20 February 2025
Time: 10h00—11h00
Register here: https://stbb-co-za.zoom.us/meeting/register/tZAlf-qorT8iGNervUirQmjCwYo2zGD9ccGS #/registration

Welcome! You are invited to join a meeting: Webinar | RESOLVING DISPUTES IN SECTIONAL TITLE SCHEMES: PRACTICAL GUIDANCE . After registering, you will receive a confirmation email about joining the meeting.

11/02/2025

At STBB, we regularly handle property transactions involving foreign purchasers and sellers.

Under South African law, spouses married in community of property are precluded from performing certain juristic acts, such as alienating immovable property, without the consent of their spouse.

Does this restriction apply to sellers and purchasers who are married according to the laws of a foreign jurisdiction?

For practical reasons, conveyancers, financial institutions, and Deeds Registry personnel are not expected to be familiar with the finer details of other countries’ matrimonial laws, which may or may not mandate spouses to co-sign documentation in property transactions.

To simplify matters, section 17(6) of the Deeds Registries Act specifies that persons married in accordance with the laws of another country must be assisted by their spouse in executing any deed or document which is required to be registered in the Deeds Registry or produced in connection with said deed or document, unless the Registrar of Deeds waives this requirement.

In essence, this requires both parties to co-sign all documentation connected to the disposal of property and or the passing of a bond over a property. It is not applicable to the acquisition of property.

For a deeper explanation of this requirement, read our full article: https://stbb.co.za/all-about-property-property-transactions-foreign-marriages-when-and-why-is-co-signing-required/

For further information, contact our property lawyers at [email protected].

09/02/2025

Designed to protect a purchaser’s interests, agreements regulating the sale of property in South Africa’s coastal regions, including the Western Cape and KwaZulu-Natal, often incorporate a clause obligating the seller to provide a certificate confirming that the property is free from timber-destroying insects.

Depending on the wording of the agreement, the content of certificates may vary widely. For instance, the clause may be broadly constructed to cover all wood-destroying organisms, including beetles, termites, and fungi.

While there are no specific legal standards that regulate the content of beetle certificates, the inspector must be licensed and registered with the South African Pest Control Association.

Even if the parties do not expressly include a beetle clause in the agreement, the purchaser may still be required to obtain a certificate as part of the bond approval process.

Crucially, if a seller is aware of a beetle infestation and deliberately conceals this fact from the agent and or purchaser, they will be liable for any damages incurred by the purchaser.

To prevent future disputes, it is highly recommended that all sale agreements in respect of properties located in coastal regions expressly include a detailed beetle clause.

For further insights, read our full article: https://stbb.co.za/all-about-property-explainer-the-curious-case-of-beetle-certificates/

For professional legal assistance in all property-related matters, contact us at [email protected].

06/02/2025

At STBB, we recognise and value excellence.

Accordingly, we are excited to announce that we have retained soon-to-be legal practitioners, Kelsey Fortuin, Alex Williams, Jessica Walters, and Katie Fisher, and admitted Attorney and Conveyancer, Suzanne Wust.

Please join us in extending our congratulations to these talented, hard-working, and diligent individuals as they embark on what we hope will be long and illustrious careers at STBB!

05/02/2025

Yesterday, the Minister of Employment and Labour gazetted an amendment to Schedules 1 and 2 of the National Minimum Wage Act.

Effective 1st March 2025, the national minimum wage will increase from R27.58 per hour to R28.79 per hour, which reflects an increase of approximately 4.4%.

Designed to safeguard vulnerable workers from unreasonably low wages through the implementation of a baseline across (most) sectors, the minimum rate payable to domestic workers and farmworkers aligns with the national minimum wage.

It is imperative for business owners to comply with all aspects of the labour and employment law framework to avoid workplace disputes, unwanted legal action, and reputational damage.

With this in mind, STBB’s specialists have the experience and expertise to advise on extensive labour and employment-related matters.

For expert legal advice, contact us at [email protected].

For further information, read our latest article: https://stbb.co.za/newsflash-labour-law-update-new-minimum-wage-kicks-in-next-month/

04/02/2025

Recently, members of STBB Claremont, including Directors Adam Ismail and Junel Hickman, participated in the enlightening ‘Demystify Entrepreneurship’ Conference hosted by UCT Graduate School of Business.

In a panel discussion focusing on the entrepreneurial journey, Adam offered personal and professional insights from a corporate and commercial law perspective.

Expressing his love for working with entrepreneurs across the business spectrum, Adam emphasised the importance of remaining resilient in the face of challenges, choosing your business partners wisely, the illusion of the ‘perfect’ contract, and surrounding yourself with credible and skilled individuals.

As a law firm with extensive service offerings, STBB can assist prospective entrepreneurs in establishing, securing, and growing their businesses by taking care of all the legal intricacies. In the commercial sphere, this includes advising on the legal structuring of the business, assistance with company registration, drafting shareholder, partnership, and service agreements, and reviewing existing commercial contracts.

For sound legal advice, contact us at [email protected] or email our commercial law experts at [email protected].

31/01/2025

The Supreme Court of Appeal (‘the SCA’) recently provided clarity on the interpretation of section 51 of the Administration of Estates Act (‘the Act’).

Specifically, it considered whether the Taxing Master is entitled to disallow the payment of an executor’s fees in instances where the executor acted on behalf of the estate in a professional capacity.

The SCA found that section 51(a) of the Act enables a testator to expressly determine an executor’s remuneration in their will, which includes the payment of fees earned by an executor who renders professional services to the estate.

At STBB, our trusted estate planning experts have the knowledge and experience to handle all your estate planning needs in line with your express wishes.

Contact us at [email protected] today.

For a full summary of the case, read our article: https://stbb.co.za/pulse-is-the-taxing-master-entitled-to-disallow-the-payment-of-an-executors-professional-fees/

30/01/2025

This afternoon, the South African Reserve Bank (‘SARB’) elected to lower the repo rate by 0.25% to 7.5%. The prime lending rate is accordingly 11%. This marks SARB’s third consecutive interest rate cut.

Read our full article here: https://stbb.co.za/newsflash-continued-caution-sarb-announces-third-consecutive-interest-rate-cut/

30/01/2025

This past weekend, various members of STBB Cape Town proudly participated in Rawson’s ‘Save a Fishie’ Beach Clean-Up at Broken Bath Beach in iconic Sea Point.

Joined by Rawson’s Camps Bay, Hout Bay, and Green Point branches, we spent a sunny Sunday afternoon collecting discarded plastic materials, countless cigarette butts, and other waste.

Cognisant of the profound impact of plastic pollution on birds, marine animals, and the broader environment, we collectively gathered numerous bags of trash that might have otherwise ended up in the ocean.

We are honoured to have contributed to this important initiative and look forward to attending – and hosting – future beach clean-ups!