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Finance Linked Individual Subsidy Programme (FLISP) – What you need to know.

The Finance Linked Individual Subsidy Programme (FLISP) was developed by the Department of Human Settlements to enable affordable home ownership opportunities for South Africans. What are the requirements to apply for a FLISP subsidy? 1. You must be a South African citizen with a valid ID; or permanent residents with a valid permit. 2. Applicants must be over 18 years of age and competent to enter a legal contract. 3. FLISP is open to individuals who have never benefited from a Government Housing Subsidy Scheme before. 4. Applicants must have an ‘Approval in Principle’ of a home loan from an accredited South African financial institution. 5....

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Safeguarding your joint property purchase: A how-to guide for buyers

In today’s current economic climate, it can be advantageous for both young entrants into the property market, as well as more elderly house buyers to consider pooling resources to buy a property together. Buying a home is one of the biggest purchases you will ever make and so to ensure that your purchase, and your relationship, stand the test of time, it is advisable to draw up a legally binding contract between all parties. The agreement should set out the nature of the partnership and who is responsible for things like improvements, maintenance, and even Ts & Cs around its...

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Understanding the difference between various types of bonds

Most property owners will be familiar with a mortgage bond, but did you know there are various kinds of bonds which may apply across a range of circumstances? Here’s everything you need to know: 1. What is a bond? Mortgage bonds are concerned with the registration of bonds over immovable property. They are registered to secure an obligation on the part of a mortgagor (the debtor) towards a mortgagee (the creditor). In other words, to ensure the repayment of money lent to the mortgagor by the mortgagee. The bond enables the mortgagee, in the event of the non-fulfilment of the obligation, to have...

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Everything you need to know about pay cuts and loadshedding

When it comes to loadshedding, everyone is in the same boat in trying as best they can to navigate life without electricity at home as well as at work.   With reduced productivity levels as a consequence of loadshedding, and with employees sitting idly waiting to resume work when power is restored, employers may be tempted to reduce wages to compensate for hours of downtime and a loss of income, but is this legal?   Under Section 34 of The Basic Conditions of Employment Act 75 of 1997, any deductions from an employee’s salary, for whatever reason, are prohibited unless there is a written...

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Dream Holiday Ambitions Crushed!

As the end of the year draws near and many look forward to a well-deserved break, holidaymakers looking for last-minute deals should take extra care as fraudsters look to cash in on the innocent's demise.   Earlier this year, a seemingly credible travel agent operating in Durban reportedly duped victims into paying for luxury international travel packages. Only in later days was the travel agent’s fraudulent behaviour exposed when the luxury resorts and tour companies confirmed that no such bookings had been made on the victim's behalf.   A cautious approach must be taken when considering online offers of massively discounted holiday accommodation and...

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Stuck with nightmare tenants? Your legal rights as a landlord

Operating a rental property may seem like an easy investment to run. However, not all tenants pay on time. Some tenants do not take care of your property and leave you with damages to repair. Therefore, to protect your investment, you need to know your legal rights as a landlord.   The Rental Housing Tribunal (RHT) deals with disputes between landlords and tenants. It is a useful tool when there is a dispute between a landlord and a tenant, but it is important to note that whilst the RHT can help mediate issues around rental disputes, their recommendations do not hold the...

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You receive an SMS from your bank notifying you of a deposit. The payment is unexpected, and you have no idea where it came from.  What is your legal responsibility?

Every individual is expected to act lawfully, therefore if money is deposited into your account and you know it’s not yours, legally you must return it.   A Walter Sisulu University student, Sibongile Mani, was accidentally paid an amount of R14 million instead of R1,400 in June 2017 by a company that manages the National Student Financial Aid Scheme’s (NSFAS) finances. She was found guilty of theft and imprisoned after she spent over R800,000 of the money that she received from NSFAS.   It is crucial to understand the consequences of spending funds you received in error which may include: A court order or...

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Someone has opened a cell phone contract and a store account in my name. How should I deal with it?

Is someone using your personal details to open an account or get credit? This is called identity and impersonation fraud, which occurs when someone uses personal details such as an individual’s identity number or name to commit crimes.   According to the Southern African Fraud Prevention Service (SAFPS), identity fraud in South Africa has increased by 99% since 2018, costing the economy one billion per year. In 2022, 62% of total fraud incidents occurred in Gauteng, while fraud increased by 117% from the previous year.   The most prevalent ways identity thieves access the victim’s personal information are: Phishing: Getting the victim to give...

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The Financial Intelligence Centre Act and the cash threshold

The Financial Intelligence Centre Act (FICA) was established to identify proceeds of unlawful activities and to combat money laundering, terrorist funding and tax evasion. It further establishes a Financial Intelligence Centre and a Money Laundering Advisory Council in order to combat money laundering activities and to impose certain duties on institutions and other persons who might be used for money laundering purposes.   To combat these illegal threats, South African law has implemented control measures aimed at assisting in its detection and investigation. These control measures are embodied in the Financial Intelligence Centre Act, 38 of 2001 and can be described as follows: Individuals need...

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Hammond Pole Attorneys earn top spot as Ekurhuleni’s best law firm

Hammond Pole Attorneys has once again been announced as the Best Law Firm in the Best of Ekurhuleni Readers’ Choice Awards 2022. This is the fifth time the company has won this prestigious award, having won it for four years in 2017, 2018, 2019 and 2021 firmly establishing it as a favourite in the local community. The Awards, which gives the residents of Ekurhuleni the chance to vote for their preferred local businesses and organisations, has been running since 2015 (no awards took place in 2020 due to COVID-19) and is an indicator of the best the East Rand has to...

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