Barry Gregg & Associates

24/03/2026

𝐋𝐚𝐧𝐝𝐥𝐨𝐫𝐝𝐬, 𝐛𝐞 𝐚𝐝𝐯𝐢𝐬𝐞𝐝!

Evictions seem to be on the increase and, the process can be arduous and costly. To save yourself time and money make sure you do the following:

1. Have a written lease agreement in place;

2. Make sure the lease allows you to use the deposit to cover arrear rental;

3. Make sure you know who is occupying your property;

4. Take action at the first sign of a breach and/or non-payment of rental.

For advice on property law, contact:

082 891 4444

[email protected]

www.barrygreggandassociates.co.za

29/01/2026

𝐈𝐧 𝐨𝐫𝐝𝐞𝐫 𝐭𝐨 𝐞𝐯𝐢𝐜𝐭 𝐚 𝐭𝐞𝐧𝐚𝐧𝐭 𝐨𝐧𝐞 𝐧𝐞𝐞𝐝𝐬 𝐭𝐨 𝐜𝐨𝐦𝐩𝐥𝐲 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 “𝐏𝐈𝐄” 𝐀𝐜𝐭.

The process is as set forth below. 𝐌𝐚𝐤𝐞 𝐬𝐮𝐫𝐞 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐚 𝐰𝐚𝐭𝐞𝐫𝐭𝐢𝐠𝐡𝐭 𝐥𝐞𝐚𝐬𝐞 𝐢𝐧 𝐩𝐥𝐚𝐜𝐞!

𝐏𝐫𝐨𝐜𝐞𝐬𝐬:

𝑁𝑜𝑡𝑖𝑐𝑒 𝑜𝑓 𝑏𝑟𝑒𝑎𝑐ℎ 𝑜𝑟 𝑑𝑒𝑚𝑎𝑛𝑑 𝑡𝑜 𝑣𝑎𝑐𝑎𝑡𝑒

Before initiating court action, a landlord must notify the tenant of any lease violation and give them an opportunity to remedy it. If the breach continues, a notice of termination follows, warning the occupant that their continued stay is now unlawful.

𝐴𝑝𝑝𝑙𝑖𝑐𝑎𝑡𝑖𝑜𝑛 𝑡𝑜 𝑐𝑜𝑢𝑟𝑡

The owner must apply to a Magistrate’s or High Court for an eviction order. This includes:

• A notice of motion and supporting affidavit
• Evidence of lease agreements, breaches, and previous notices
• Service of papers on both the occupier and the municipality

A Section 4(2) notice must then be authorised and personally
served on the occupant at least 14 days before the hearing.

𝑇ℎ𝑒 𝑐𝑜𝑢𝑟𝑡 ℎ𝑒𝑎𝑟𝑖𝑛𝑔

The court assesses whether eviction is “just and equitable” by considering:

• The length of occupation
• The age, health, or disability of occupants
• The presence of children or vulnerable individuals
• Availability of alternative accommodation
• The conduct of both parties

For advice on property law, contact:

[email protected]
082 891 4444
www.barrygreggandassociates.co.za

13/01/2026

𝐒𝐇𝐀𝐑𝐄𝐍𝐓𝐈𝐍𝐆!

We came across this issue in a recent care and contact dispute. What is it about?

As parents we take copious numbers of photos of our children, sharing their photos and videos on social media platforms without fully considering the potential risks. Schools, too, often share children’s photos on their websites or social media pages, creating a lasting digital record.

Before diving into the critical issue of “sharenting,” it’s essential to understand the rights children have to privacy. Once a photo or document is posted online and viewed by third parties, it’s considered “published” in the eyes of the law. This means it is no longer private property, and the control over that information can quickly slip out of the parent’s hands.

𝐏𝐚𝐫𝐞𝐧𝐭𝐚𝐥 𝐑𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 𝐢𝐧 𝐌𝐚𝐧𝐚𝐠𝐢𝐧𝐠 𝐂𝐡𝐢𝐥𝐝𝐫𝐞𝐧’𝐬 𝐏𝐫𝐢𝐯𝐚𝐜𝐲

As parents, we are responsible for managing our children’s right to privacy. Each post or shared image adds to their digital footprint, shaping how their personal information exists online. This responsibility calls for careful consideration of how we can protect their privacy and make choices in their best interest.

𝐂𝐡𝐢𝐥𝐝𝐫𝐞𝐧’𝐬 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐢𝐧 𝐒𝐨𝐮𝐭𝐡 𝐀𝐟𝐫𝐢𝐜𝐚

In South Africa, children’s privacy is protected under Section 14 of the Constitution, which guarantees all citizens, including children, the right to privacy. The Protection of Personal Information Act (POPIA), enacted in 2021, further protects children’s privacy by classifying their information as “special personal information.” This designation requires specific parental consent for collecting, processing or storing a child’s data. POPIA obligates institutions, including schools and businesses, to handle children’s data responsibly.

𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐆𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬: 𝐓𝐡𝐞 𝐔𝐍 𝐂𝐨𝐧𝐯𝐞𝐧𝐭𝐢𝐨𝐧 𝐨𝐧 𝐭𝐡𝐞 𝐑𝐢𝐠𝐡𝐭𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐡𝐢𝐥𝐝

South Africa is also a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which recognises the right to privacy for children.

𝐏𝐚𝐫𝐞𝐧𝐭𝐬’ 𝐑𝐨𝐥𝐞 𝐢𝐧 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐧𝐠 𝐂𝐡𝐢𝐥𝐝𝐫𝐞𝐧’𝐬 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐏𝐫𝐢𝐯𝐚𝐜𝐲

When you post pictures or personal data of your child online, you’re essentially giving consent on their behalf. This is why it’s essential to be aware of the potential risks and consider the long-term impact of your choices.

For family law advice and assistance, contact us:

082 891 4444
[email protected]
www.barrygreggandassociates.co.za

06/01/2026

Happy New Year! Wishing you continued success and prosperity in 2026.

For legal assistance, contact:

[email protected]
www.barrygreggandassociates.co.za
082 891 4444

19/12/2025

Thank you to all of our clients for your continued support during 2025. We look forward to being of service to you during 2026.

13/11/2025

𝑹𝑬𝑴𝑶𝑽𝑨𝑳 𝑶𝑭 𝑻𝑯𝑬 𝑬𝑿𝑬𝑪𝑼𝑻𝑶𝑹 𝑰𝑵 𝑨 𝑫𝑬𝑪𝑬𝑨𝑺𝑬𝑫 𝑬𝑺𝑻𝑨𝑻𝑬

When someone passes away, the administration of their estate is carried out by an executor appointed to handle their affairs.

Executors have fiduciary responsibilities, which means they must act honestly, diligently, and with fairness and compliance. If they behave in an undesirable or detrimental manner, such as gross incompetence or dishonesty, provisions exist for their removal.

𝑮𝒓𝒐𝒖𝒏𝒅𝒔 𝒇𝒐𝒓 𝒓𝒆𝒎𝒐𝒗𝒂𝒍

Removing an executor is not a decision taken lightly. The Master of the High Court or the Court must be convinced that the executor’s conduct warrants their removal, as it is deemed undesirable for them to continue in their role. A mere disagreement between the executor and beneficiaries is not sufficient grounds for removal.

𝑺𝒖𝒃𝒔𝒕𝒂𝒏𝒕𝒊𝒗𝒆 𝒂𝒏𝒅 𝒑𝒓𝒐𝒄𝒆𝒅𝒖𝒓𝒂𝒍 𝒓𝒆𝒒𝒖𝒊𝒓𝒆𝒎𝒆𝒏𝒕𝒔

The Administration of Estates Act outlines the criteria for removing an executor. This includes instances such as incapacity, appointment through an invalid will, or misconduct resulting in a conviction for offences like forgery, theft, or fraud, with a subsequent prison sentence or a fine exceeding a specified amount.

𝑪𝒐𝒏𝒄𝒍𝒖𝒔𝒊𝒐𝒏

In cases where serious allegations regarding an executor’s conduct arise, it is the responsibility of the courts to investigate and determine whether the individual is fit for the role. The Master does not have the authority to investigate the validity of complaints.

For advice on Wills and Estates, contact us:

082 891 4444

[email protected]
www.barrygreggandassociates.co.za

28/10/2025

𝗪𝗛𝗔𝗧 𝗛𝗔𝗣𝗣𝗘𝗡𝗦 𝗜𝗙 𝗬𝗢𝗨 𝗦𝗘𝗟𝗟 𝗬𝗢𝗨𝗥 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬 𝗕𝗨𝗧 𝗗𝗜𝗘 𝗕𝗘𝗙𝗢𝗥𝗘 𝗧𝗥𝗔𝗡𝗦𝗙𝗘𝗥 𝗥𝗘𝗚𝗜𝗦𝗧𝗘𝗥𝗦?

A contract is still a contract: A valid Offer to Purchase (OTP) does not become void if the seller passes away. The agreement remains legally binding on the seller’s estate.

The executor appointed by the Master of the High Court to manage the deceased’s estate, takes on the role of the seller and, once appointed is obligated to honour the OTP and proceed with the property transfer.

For advice on Property Law and Deceased Estates, contact us:

[email protected]

0082 891 4444
www.barrygreggandassociates.co.za

30/09/2025

𝐑𝐄𝐆𝐈𝐒𝐓𝐄𝐑𝐈𝐍𝐆 𝐀 𝐅𝐎𝐑𝐄𝐈𝐆𝐍 𝐌𝐀𝐑𝐑𝐈𝐀𝐆𝐄 𝐈𝐍 𝐒𝐎𝐔𝐓𝐇 𝐀𝐅𝐑𝐈𝐂𝐀

𝒀𝒐𝒖 𝒅𝒐 𝒏𝒐𝒕 𝒏𝒆𝒆𝒅 𝒕𝒐 𝒓𝒆𝒎𝒂𝒓𝒓𝒚, 𝒚𝒐𝒖𝒓 𝒎𝒂𝒓𝒓𝒊𝒂𝒈𝒆 𝒊𝒔 𝒂𝒍𝒓𝒆𝒂𝒅𝒚 𝒓𝒆𝒄𝒐𝒈𝒏𝒊𝒔𝒆𝒅:

South African law automatically acknowledges legal marriages from other countries. The process is simply an update of your records at the Department of Home Affairs, not a new registration.

You will need to personally submit an apostilled (or legalised) marriage certificate from the country of marriage, certified copies of both spouses’ IDs or passports, and an official English translation if necessary.

You must submit your documents in person at a DHA office in South Africa or a South African embassy/consulate if you are abroad. There is no fee for this service.

Surname change is simple: A woman can assume her spouse’s surname or create a double-barrelled surname as part of this process without a separate, formal name-change application.

Understand your marital regime: Be aware of the default marital property laws (e.g., in or out of community of property) of the country where you married, as this will affect your assets in South Africa.

𝑨𝒏𝒕𝒆𝒏𝒖𝒑𝒕𝒊𝒂𝒍 𝒄𝒐𝒏𝒕𝒓𝒂𝒄𝒕𝒔 𝒂𝒏𝒅 𝒚𝒐𝒖𝒓 𝒂𝒔𝒔𝒆𝒕𝒔

What if you don’t have one? If you did not sign an ANC, your marriage will be subject to the default marital regime of the country where you got married. This could mean you are married “in community of property,” where all assets and debts are shared. It is crucial to understand these rules, especially if you or your spouse have assets in South Africa. If you are unsure, seeking legal advice is highly recommended to see if your foreign contract needs to be registered or recognised in South Africa.

For Family Law advice contact us:

[email protected]

082 891 4444

www.barrygreggandassociates.co.za

21/09/2025

02/09/2025

𝐘𝐎𝐔 𝐖𝐀𝐍𝐓 𝐓𝐎 𝐃𝐈𝐕𝐎𝐑𝐂𝐄 𝐁𝐔𝐓 𝐘𝐎𝐔𝐑 𝐒𝐏𝐎𝐔𝐒𝐄 𝐈𝐒 𝐌𝐈𝐒𝐒𝐈𝐍𝐆, 𝐀𝐕𝐎𝐈𝐃𝐈𝐍𝐆 𝐒𝐄𝐑𝐕𝐈𝐂𝐄 𝐎𝐑 𝐋𝐈𝐕𝐈𝐍𝐆 𝐀𝐁𝐑𝐎𝐀𝐃!

You want to institute divorce proceedings, but your spouse is either avoiding service, missing or living in a foreign country. Obviously the normal route for instituting divorce proceedings can’t be followed but, our law allows for substituted service or, edictal citation.

𝑺𝒖𝒃𝒔𝒕𝒊𝒕𝒖𝒕𝒆𝒅 𝒔𝒆𝒓𝒗𝒊𝒄𝒆 can only be used where it is reasonably believed that your spouse is living in South Africa. 𝑬𝒅𝒊𝒄𝒕𝒂𝒍 𝒄𝒊𝒕𝒂𝒕𝒊𝒐𝒏 can only be launched if your spouse is not resident in South Africa.

If you wish to institute divorce proceedings against a missing spouse, a spouse evading service or a spouse living in another country, contact us:

+27 82 891 4444
[email protected]
www.barrygreggandassociates.co.za

20/08/2025

𝐂𝐒𝐎𝐒 - 𝐖𝐇𝐀𝐓 𝐘𝐎𝐔 𝐒𝐇𝐎𝐔𝐋𝐃 𝐊𝐍𝐎𝐖

The Community Schemes Ombud Service (CSOS) has been introduced and applies to the following:

• Sectional titles development schemes;
• Share block companies;
• Home or property owners associations;
• Housing schemes for retired persons; or
• Housing co-operatives.

𝐼𝑡𝑠 𝑓𝑢𝑛𝑐𝑡𝑖𝑜𝑛𝑠 𝑎𝑟𝑒:

1. Dispute Resolution.
2. Compliance Monitoring.
3. Education and Training.
4. Research and Policy Development.

Community schemes are required to register with the CSOS within 30 days of either:

• the coming into effect of CSOS Regulations; 07 October 2016; or
• the community scheme’s date of incorporation.

Registration is filed by completing the prescribed Form CS 1 and there is no fee applicable to the registration of a community scheme.

For further information or assistance with property law related matters, contact us:

082 891 4444
[email protected]
www.barrygreggandassociates.co.za