At Currencies Direct we believe in providing the best rates, free transfers, no hidden costs and making the money exchange process easy to understand and simple to do. Don’t underestimate the importance of having a specialist foreign exchange service provider on your side when moving your money.
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• Wholesale rates for foreign exchange Dedicated Dealers to achieve specific levels and watch the markets • Multi channel access by telephone and email • Zero transaction charges and no commissions • Most currencies covered • Fast service and quick turnaround of payments • Transfers related to import payments and export proceeds
Call Currencies Direct today let us ensure you get the most from your money
infosa@currenciesdirect.com +27 (0)21 418 0105 Currencies Direct South Africa is a licenced Financial Services Provider
Testimonial January 2013 To the Currencies Direct Team I wanted to thank you all for the excellent service we received when we immigrated to Australia. Even though the Rand was at a weak point, you made sure we got the most value for our money and guided us through the entire process. With your help, everything went smoothly, our money arrived in time, there were no hidden costs as promised and we are now settled in our new home in Sydney. The American couple who bought our home in SA were also very happy with your service and the great rates you gave them., they were especially impressed at the no fees part. Because they used CD and not their bank, they were able to cover the transport costs for their furniture all within their original home purchase budget.
I really want to thank the team who helped us sort out all our paperwork, from the Tax clearances, exchange control guidance and application as well as our immigration. Its been a long time since I experienced service like that, especially since the service was free. I will be recommending you to all our friends, both those in South Africa and the new friends we make here in Australia. If you are transferring money abroad, I would definitely recommend using Currencies Direct Thank you again and I look forward to the next time we meet.
Regards
Tom and Sue Stevens
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*while stocks last All clothing less 70% All bags and shoes less 50% Full nail and beauty bar - please call to make enquiries
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Sara & Co Constantia Village Shopping Centre Main Road Constantia Tel: 021 794 7185
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Southern Suburbs – Western Cape Plumstead
CONSTANTIA OFFICE High Constantia House, Cnr Main & Groot Constantia Roads, Constantia, 7806 Telephone: 021 794 5252 Fax: 021 794 4979 E-mail: constantia@seeff.com
Peter Marais 082 493 3316 Peter Thornton 072 625 8467
Sectional Title - Claremont, Newlands, Kenilworth Belinda Keys 083 648 0888 Sean Guy 082 491 3099
Bergvliet, Kreupelbosch Sharyn Dabbs 084 764 5269
NEWLANDS OFFICE Dean Street Arcade, Dean Street, Newlands, 7700 Telephone: 021 686 8518 Fax: 021 686 8517 E-mail: maria@seeff.com
Newlands Tertia Barnett 082 855 6839
Barbara van der Westhuyzen 083 261 7955 Vanessa Clerke 082 214 6598
Steenberg
CLAREMONT OFFICE
Rhona Wood 083 454 1944
Belvedere Square, Belvedere Road, Claremont, 7700 Telephone: 021 683 0731 Fax: 021 671 2604 E-mail: belvedere@seeff.com
Stonehurst
Bishopscourt Ingrid McFarlane 083 658 4267
Constantia, Diep River Faith Knight 083 9508883 Nikki Edenborough 082 417 7807
Tokai
Constantia Hills and Constantia Rural
Wynberg
Heather Willis 082 377 7975
Leon Lombard 082 556 8889 Gail Turner 079 386 5153
Claremont, Lynfrae
Shelley Kruger 083 700 9001 Jenny Williams 083 656 6811 Marie Durr 083 269 8608
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Taryn Retief 082 788 7469 Kay Broughton 082 491 6313
Barbara Stephenson 082 825 5699
Debbie Chalmers 082 871 6278
Upper Constantia Jacqui Wheeler 082 5507967 Sonya Garisch 082 446 0619
Loren Greyling 079 493 8934
Kenilworth and Claremont Diane Hosty 082 775 2777 Ford King 083 226 2946 Ingrid McFarlane 083 658 4267
Sectional Title - Diep River, Plumstead, Tokai and Kirstenhof Kallie Pretorius 083 467 8387 Marietjie Pretorius 082 823 6913
Meadowridge, Oakridge Sue Loxton 082 351 4477
24 | The Property Pages | March 2013
Deidre Tracey 083 753 5226 Teodora Aleksieva 084 569 7759
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Definition Of “Spouse” And Residency Rights For Foreign “Spouses” as Per South Africa’s Immigration Laws Our immigration law and family laws are extremely progressive and must be welcomed as they has overcome many of the conservative sentiments surrounding same-sex relationships, customary marriages and civil partnerships. At the same time our immigration laws have also been liberally shaped by our courts in giving greater economic freedom to foreign spouses or partners of South African citizens or permanent residents who desire, as a couple, or family to immigrate to South Africa. Monogamous relationships are still a prerequisite in our immigration laws. Apart from mainstream civil marriages, our immigration laws define a “spouse” to also include a “person who is party to a permanent homosexual or heterosexual relationship” subject to certain administrative requirements and goes as far as recognising relationships between two foreign partners in a permanent relationship who desire to immigrate to South Africa as a couple. Moreover, our immigration laws have finally taken cognisance of african customary law in terms of the Recognition of African Customary Marriage 120 of 1998, which allows a partner to enjoy recognition as a “spouse” both civilly and in terms of the Immigration Act. Similarly, marriages that are formalised abroad will also have legal significance in South Africa as long as it is legally authenticated in the country where concluded. Now that it is apparent that there is a very wide interpretation of a “spouse” to a marriage or permanent relationship, it begs the question as to the rights of such foreign “spouse” upon accompanying his or her South African partner
to South Africa. Under the previous immigration dispensation a foreign “spouse” was required to successfully apply for a permit abroad and had to fulfill all the standard requirements, which were cumbersome and potentially prohibitive despite being a “spouse” of a South Africa citizen or permanent resident. In the unreported judgment handed down on the 8th of February 2001 by the Cape High Court in the landmark case of Makinana versus the Director-General of Home Affairs Case No 339/2000 our immigration laws have now finally overturned the previous regime as it was held that it impacted on a foreign spouse’s constitutional right to be with his or her South African partner in South Africa. The judgment in Makinana went further by acknowledging that it impaired such foreigner’s right to dignity by making it too onerous to apply to work from abroad and to comply, in casu, with the standard work permit requirements when he or she may have to support a household as a ‘breadwinner’ whilst in South Africa. The effect of this judgment is that it resulted in the amendment to our immigration laws by allowing a foreign spouse to validly enter South Africa and whilst in South Africa to legally apply for a change in status and endorse such foreign spouse’s section 11 visitor’s permit to successfully work, study or conduct an own business without any of the typical onerous standard requirements that apply to normal foreign applicants. Written by Craig Smith, Craig Smith & Associates, 021 418 3810
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DUCT TYPE UNIT
THE PROPERTY тАШBIG 5тАЩ CERTIFICATES OF COMPLIANCE First there were 2, but now sale agreements provide for up to 5 compliance certiямБcates to be obtained before a property transfer is registered. These apply to conventional and sectional title property. Here is a summary of each compliance certiямБcate. For more information contact STBB Attorneys.
ELECTRICAL
ELECTRIC FENCE
s #ERTIl ES THAT THE ELECTRICAL INSTALLATION ON THE PROPERTY COMPLIES WITH THE REQUIRED SAFETY STANDARDS
s #ERTIl ES THAT THE ELECTRIC FENCE INSTALLATION COMPLIES WITH THE REQUIRED SAFETY STANDARDS
s 'OVERNED BY THE /CCUPATIONAL (EALTH 3AFETY !CT s 4HE CERTIl CATE MUST NOT HAVE BEEN ISSUED MORE THAN YEARS PRIOR TO THE TRANSFER DATE PROVIDED THERE HAVE BEEN NO MODIl CATIONS TO THE INSTALLATION SINCE BEING ISSUED s 0ARTIES CANNOT CONTRACT OUT OF THIS OR AGREE TO WAIVE THE REQUIREMENT HOWEVER THEY MAY AGREE THAT THE RESPONSIBILITIES IN RESPECT OF THE INSTALLATION BE TRANSFERRED FROM THE SELLER TO THE PURCHASER WHERE THE PURCHASER IS UNDERTAKING A BIG RENOVATION AFTER TRANSFER s 2EGULATIONS STATE PROPERTY OWNER MAY NOT ALLOW THE TRANSFER OF OWNERSHIP WITHOUT THE CERTIl CATE 0ARTIES MAY HOWEVER AGREE IN THE !GREEMENT OF 3ALE THAT IT IS THE PURCHASER S RESPONSIBILITY TO OBTAIN IT PROVIDED IT IS DONE BEFORE TRANSFER
www.stbb.co.za
s 'OVERNED BY THE /CCUPATIONAL (EALTH 3AFETY !CT s .O SET PERIOD OF VALIDITY BUT AN EXISTING CERTIl CATE MAY BE TRANSFERRED BY THE SELLER TO THE PURCHASER ! SELLER NEED ONLY PROVIDE A NEW CERTIl CATE TO THE PURCHASER IF A CHANGE WAS MADE TO THE INSTALLATION AFTER THE CURRENT CERTIl CATE WAS ISSUED s 0ARTIES CAN CONTRACT OUT OF THIS OR AGREE TO WAIVE s 7ILL APPLY TO SECTIONAL TITLE PROPERTY WHERE THE BODY CORPORATE IS SELLING ITS PROPERTY s 4HE PROVISIONS OF THE 2EGULATIONS HAVE NOT YET BEEN PROPERLY IMPLEMENTED SINCE THE $EPARTMENT OF ,ABOUR IS STILL IN THE PROCESS OF APPROVING QUALIl ED PERSONS TO PERFORM INSPECTIONS AND GRANT CERTIl CATES
GAS
BEETLE
s #ERTIl ES THAT THE GAS INSTALLATION ON THE PROPERTY COMPLIES WITH THE REQUIRED SAFETY STANDARDS s 'OVERNED BY THE /CCUPATIONAL (EALTH 3AFETY !CT
s #ERTIl ES THAT THE ACCESSIBLE WOOD OF PERMANENT STRUCTURES ON THE PROPERTY ARE FREE FROM CERTAIN WOOD DESTROYING BEETLES
s .O SET PERIOD OF VALIDITY ! NEW CERTIl CATE MUST BE OBTAINED EVERY TIME THERE IS A CHANGE OF OWNERSHIP
s .OT GOVERNED BY ANY LAW BUT A PRACTICE THAT HAS EVOLVED OVER THE YEARS
s 0ARTIES CANNOT CONTRACT OUT OF THIS OR AGREE TO WAIVE
s 0ARTIES AGREE CONTRACTUALLY ON THE VALIDITY PERIOD OF THE CERTIl CATE ONCE ISSUED
s 3ELLER IS REQUIRED TO OBTAIN THE CERTIl CATE PRIOR TO TRANSFER "EST FOR THE INSPECTION AND REMEDIAL WORK TO BE CARRIED OUT ASAP AFTER THE DEAL IS CONCLUDED DUE TO BANK AND BOND REQUIREMENTS AND OBVIOUSLY PRIOR TO PURCHASER MOVING IN HOWEVER THE PARTIES CAN AGREE IT IS THE PURCHASER S RESPONSIBILITY TO OBTAIN
s 0ARTIES CAN CONTRACT OUT OF THIS HOWEVER IF PARTIES AGREE THAT NO CERTIl CATE IS NECESSARY AND BANK REQUIRES IT FOR PURCHASER S BOND THEN THAT IS FOR THE PURCHASER S EXPENSE s 3ELLER IS REQUIRED TO OBTAIN THE CERTIl CATE PRIOR TO TRANSFER "EST FOR THE INSPECTION AND REMEDIAL WORK TO BE CARRIED OUT ASAP AFTER THE DEAL IS CONCLUDED DUE TO BANK AND BOND REQUIREMENTS AND OBVIOUSLY PRIOR TO PURCHASER MOVING IN HOWEVER THE PARTIES CAN AGREE IT IS THE PURCHASER S RESPONSIBILITY TO OBTAIN
WATER/PLUMBING s #ERTIl ES THAT THE WATER INSTALLATION AT THE PROPERTY IS IN LINE WITH MUNICIPAL AND BUILDING GUIDELINES s 'OVERNED BY THE #ITY OF #APE 4OWN WATER BY LAW /NLY APPLICABLE TO TRANSFERS WITHIN THE MUNICIPAL JURISDICTION OF THE #ITY OF #APE 4OWN s .O SET PERIOD OF VALIDITY ! NEW CERTIl CATE MUST BE OBTAINED EVERY TIME THERE IS A CHANGE OF OWNERSHIP s 0ARTIES CANNOT CONTRACT OUT OF THIS OR AGREE TO WAIVE s 3ELLER IS REQUIRED TO SUBMIT THE CERTIl CATE TO THE #ITY OF #APE 4OWN PRIOR TO TRANSFER
BELINDA LEWIS
t 021 673 4700 f 086 615 0394 c 083 297 3559 belindal@stbb.co.za
www.stbb.co.za
stbb_1127
DIRECTOR PROPERTY LAW
3 01 ly 2 l pri ls On A h & Mode c r Ma cted le Se
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