Properties with Mpho Shibambu

24/02/2026

05/02/2026

14/11/2025

𝗡𝗘𝗪 𝗥𝗘𝗤𝗨𝗜𝗥𝗘𝗠𝗘𝗡𝗧 𝗔𝗧 𝗧𝗛𝗘 𝗗𝗘𝗘𝗗𝗦 𝗢𝗙𝗙𝗜𝗖𝗘: 𝗙𝗢𝗥𝗠 𝗟𝗟𝗟

In light of the recent amendment to the Deeds Registries Act (hereinafter “the Act”), it is now a requirement that conveyancers should lodge Form LLL in all matters for statistical and land audit purposes.

In accordance with the CRC 3 of 2025 issued by the Office of the Chief Registrar of Deeds the following information is required:

• The form must be lodged in the Deeds Office with each transaction since the 5th of April 2025.
• The form should be completed and signed by the transferee or conveyancer.
• The questions regarding race and gender should be completed, which will be used for statistical purposes.
• The majority race, gender and nationality of the shareholders/ members/ beneficiaries must be completed if the transferee is a company, close corporation or trust.
• For correspondent matters, the instructing attorney should provide a completed copy of this form so that an original (that contains the information provided in the signed copy) can be lodged.

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07/11/2025

𝗧𝗛𝗘 𝗩𝗔𝗟𝗜𝗗𝗜𝗧𝗬 𝗢𝗙 𝗔 𝗧𝗥𝗨𝗦𝗧 𝗥𝗘𝗦𝗢𝗟𝗨𝗧𝗜𝗢𝗡

In 𝘚𝘩𝘦𝘱𝘴𝘵𝘰𝘯𝘦 & 𝘞𝘺𝘭𝘪𝘦 𝘈𝘵𝘵𝘰𝘳𝘯𝘦𝘺𝘴 (𝘩𝘦𝘳𝘦𝘢𝘧𝘵𝘦𝘳 𝘵𝘩𝘦 “𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺𝘴”) 𝘷 𝘋𝘦 𝘞𝘪𝘵𝘵 𝘢𝘯𝘥 𝘖𝘵𝘩𝘦𝘳𝘴 𝘕𝘕𝘖 2023 the Penvaan Property Trust (hereinafter the "Trust") bound itself as surety and co-principal debtor, jointly and severally, in favour of the attorneys for the timely payment of all amounts owing by Ms. Volker to the attorneys, in the suretyship contract that was signed on the Trust's behalf.

A trustee meeting was called by Ms. Volker, one of the Trust's three trustees, to consider the resolution to issue the suretyship. One trustee failed to attend the scheduled meeting. Nonetheless, the meeting's specifics and the suggested resolution were provided to this trustee via earlier email exchanges among the trustees. After deliberating on the issue, Ms. Volker, and the remaining trustee, who constituted a majority, signed the resolution.

When Ms. Volker was unable to pay the attorneys cost and expenses they claimed their rights under the suretyship, but the Trust declined to pay, claiming the purported suretyship was not enforceable, as entering into a transaction of this nature required unanimous consent.

The Supreme Court of Appeal held that according to our legal system, trustees must make decisions by a unanimous decision, unless the trust document specifies otherwise. In any event if the trust deed specifies that a decision can be made by a majority vote, 𝗮𝗹𝗹 𝘁𝗵𝗲 𝘁𝗿𝘂𝘀𝘁𝗲𝗲𝘀 𝗺𝘂𝘀𝘁 𝘀𝘁𝗶𝗹𝗹 𝘀𝗶𝗴𝗻 𝗮 𝗿𝗲𝘀𝗼𝗹𝘂𝘁𝗶𝗼𝗻 𝗶𝗻𝗱𝗶𝗰𝗮𝘁𝗶𝗻𝗴 𝘁𝗵𝗲𝗶𝗿 𝗸𝗻𝗼𝘄𝗹𝗲𝗱𝗴𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗱𝗲𝗰𝗶𝘀𝗶𝗼𝗻 𝗮𝗻𝗱 𝘁𝗵𝗲𝗶𝗿 𝘃𝗼𝘁𝗲. A resolution that binds the trust to a contractual agreement with a third party must be signed by every trustee, even an absent or disagreeing trustee must sign the resolution.

Considering this and the wording used in the Trust Deed overall, the resolution was void since the third trustee abstained from the decision-making process. Thus, the suretyship's signature likewise had no legal significance.

It is therefore imperative that a trust resolution, signed by 𝗮𝗹𝗹 the trustees is obtained, before an offer to purchase is signed on behalf of a trust.

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06/11/2025

Can't wait to change your life!

04/04/2025

Celebrating my 4th year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

22/08/2024

1 bedroom garden apartment in Bryanston. 1 pet policy in place.

Call Lala @ +27 66 011 0007 for more information.

09/07/2024

Available to sell or rent residential properties in Bryanston West, Hyde Park and surrounding suburbs.

Call me on (+27) 72 481 8762
Email:[email protected]

10/05/2024

𝗕𝗢𝗡𝗗 𝗔𝗣𝗣𝗥𝗢𝗩𝗔𝗟 = 𝗔𝗖𝗖𝗘𝗣𝗧𝗔𝗡𝗖𝗘 𝗢𝗙 𝗧𝗛𝗘 𝗕𝗔𝗡𝗞’𝗦 𝗤𝗨𝗢𝗧𝗔𝗧𝗜𝗢𝗡

A question which often arises is at what moment can it be confirmed that the purchaser’s bond has been approved. Many sale agreements determine that the bond is deemed to be approved and the suspensive condition therefore fulfilled once the bank involved issues a bond quotation to the purchaser or when the Bank has issued an approval in principle. This is not legally correct. In terms of section 92 of the National Credit Act, the bank must firstly provide the purchaser with a quotation and pre-agreement. This quotation is valid for 5 working days. The effect hereof is that the purchaser must accept the quotation (within this period) before it can be said that the bond is approved and the suspensive condition fulfilled.

A purchaser may choose to not accept the bank’s quotation due to various reason such as affordability, interest rate etc. The suspensive condition will then not be fulfilled and the agreement will be null and void.

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05/04/2024

𝗥𝗘𝗙𝗨𝗦𝗔𝗟 𝗢𝗙 𝗠𝗨𝗡𝗜𝗖𝗜𝗣𝗔𝗟 𝗦𝗘𝗥𝗩𝗜𝗖𝗘𝗦 𝗗𝗨𝗘 𝗧𝗢 𝗛𝗜𝗦𝗧𝗢𝗥𝗜𝗖 𝗗𝗘𝗕𝗧

Municipalities often will not open a new account for a purchaser if there are any historical debt still owing to them. The clearance certificate they issue for the registration of the property, certifies that all amounts owing for the last 2 years have been paid in full. The clearance certificate does not include historical debt, and it may well be that there are outstanding amounts, older than 2 years, due to the Municipality that was incurred by a previous owner. The Municipality then refuses to open a utility account for the new owner, until the historical debt is paid.

In the matter of Jordaan and Another v The City of Tshwane Metropolitan Municipality (2017) the constitutionality of Section 118 (3) of the Municipal Systems Act 32 of 2000 was attacked. Section 118 (3) provides the Municipality with security for repayment of an unpaid debt in respect of rateable property and enjoys preference over any mortgage bond registered against the property. The following was decided by the court:

- In some instances, Section 118(3) could result in loss of ownership, and this amounts to a deprivation that is prohibited in section 25(1) of the Constitution.
- It was further held that the deprivation was substantial and drastic, especially in view of the fact that the new owner could not take steps to reduce his risk with regard to historic debts, and the fact that the Municipality has the means to collect outstanding debts.
- The form of security afforded by Section 118(3) affects not only the property owner incurring the debts but also all his successors in title.
- The court found that a Municipality has sufficient means and legal remedies to recover outstanding debts from the owners incurring the debts, without it becoming the problem of the new owner.

In summary the court concluded that municipalities are not allowed to refuse municipal services to new owners as a result of historical debts still outstanding on the property. New owners will thus be able to open new utility accounts, even if there are historical debts outstanding.

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