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Seminars

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Christo Smith Attorneys Inc. presents seminars on various legal topics in collaboration with Veritas Legal Empowerment. The presenter, Christo Smith, is a practicing attorney with 30 years experience in the field of property law. He is the author of Eviction & Rental Claims : A  practical guide as well as Civil Practice in  Magistrates’ Courts : The Practitioner’s Manual. Both books are published by LexisNexis. He has presented seminars privately and on behalf of the Law Society and LEAD on Evictions, Magistrates’ Court Rules, The Consumer Protection Act and recently Sectional Titles & Community Schemes Acts.

2017 Seminars

 Evictions, Community Schemes & the CPA : all in a nutshell

6 December      Middelburg
7 December      Potchefstroom
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Eviction law has been significantly impacted by case law and procedure during the past year. In addition the Consumer Protection Act has changed the procedure of some evictions. The sectional title and community scheme landscape has been drastically transformed by new legislation which makes provision for a dispute resolution mechanism as alternative to legislation through the courts.  The Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Service Act 9 of 2011 came into effect on 7th October 2016. Various Regulations have also been published.
Attorneys, Trustees and Estate agents must know the critical aspects of the legislation. It provides for a litigation process regarding disputes to be decided by the Ombud. The legislation also requires compliance in various respects and contravention may result in liability of estate agents and various other persons, based on negligence in the execution of their duties and marketing of property.
The most important innovations brought about by these Acts, together with their respective regulations, which will be discussed during the seminar, are the following :
  • Registration of schemes with the Ombud Service (30 days);
  • Monthly levies to be paid to the Ombud by every unit (90 days);
  • Annual returns to be filed by every scheme;
  • Prescribed management and conduct rules;
  • Specified amounts to be held in reserve funds;
  • Audited financial statements;
  • Maintenance plan drawn and lodged annually;
  • Dispute resolution (litigation) procedures;
  • Voting rights and resolutions;
  • Duties and liability of managing agents;
  • Fidelity insurance;
  • Clearance certificates;
  • Penalties and interest.
Venues are to be announced. This is a morning seminar (09h00 – 13h00). Tea and refreshments are served.
There will be sufficient time for questions and discussion. Seeting is limited, booking essential. Click on this link to book a seat.
Comprehensive notes condensing and explaining  the Acts in an understandable format, will be provided.

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Successful seminars on Eviction law were held in Cape Town, Paarl (Afrikaans), Pretoria and Johannesburg during March 2016

(see seminar feedback at bottom of page)

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Pretoria

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Alle Blu Estate, Paarl & Franschoek

 

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Protea Hotel Fire & Ice, Melrose Arch, Johannesburg

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Belmont Square Conference Centre, Cape Town

The book on Evictions is a loose-leaf publication and is regularly updated. It now includes a new comprehensive section on the effect and application of the Consumer Protection Act on leases and evictions. Christo has presented seminars countrywide on behalf of LEAD as well as privately for a number of years.  He is an expert in the field of evictions and rental claims and litigates extensively in this field of the law.

Click here to view a photopage of previous seminars

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See a few of our previous seminar topics as well as attendees feedback below.

Eviction & Rental Claims : Pie, Esta and the common law 

Eviction law has developed significantly during the past year and various judgments, especially on Pie and Esta have impacted on practice and procedure.The Consumer Protection Act has also brought a new dimension to evictions and rental claims. This is a morning seminar that deals with all evictions – from the first consultation to the final order. Comprehensive notes and precedents are provided as well as hints to speed up the process. The seminar is practical and aimed at clerks as well as seasoned practitioners who need to acquaint themselves with the basics. Special attention is given to drafting aspects and procedure. In addition the practical aspects of Eviction law, the effect of attachment procedures of immovable property, as well as new developments and case law, are dealt with.

Magistrate’s Court Civil Procedure – seminars to be announced

This morning seminar deals with practice and procedure in The Magistrate’s Court. The seminar is especially aimed at article clerks who need to quickly get to grip with appearance and general practice in the Magistrate’s Court or those who need to get up to date with the new rules of court.
The following is dealt with:
  • The Litigation process – an overview of purpose and chronological order of pleadings and conducting of a trail
  • A discussion of the Rules of Court more frequently encountered in practice
  • Drafting of pleadings :particulars of claim, pleas, counter claims and applications
  • Discussion of all frequently encountered causes of  action, with precedents
  • Discussion of specific processes:
    • Rescission of judgments
    • Interlocutory applications
    • Evictions and the Consumer Protection Act
    • Exceptions
    • Interdicts
Dates & venues will be provided from time to time.

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