Friday, August 14, 2015

Alien and Invasive Plant regulations

Whilst most people believe the Jacaranda tree is indigenous to South Africa, it was in fact introduced to Pretoria in 1880 via import from Argentina.
Pretoria Jacaranda's
Well in order to determine precisely which plants in our properties are alien or invasive species, new regulations require that a purchaser is made aware of which plants on the property they are buying are listed as alien or invasive and made aware of the fact that certain plants need to re eradicated and others need to have a permit applied for.

We will keep you updated on contact details for inspection officers who can assist in these clearances and declarations, but in the meanwhile advise that all sale agreements be amended to include an example clause as follows:

"(a) In terms of the NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 2004 (ACT NO. 10 OF 2004) ALIEN AND INVASIVE SPECIES REGULATIONS, 2014, The Seller declares that to the best of his knowledge there are no Invasive Alien Species, as per the National register of alien and listed invasive species, present on the property.

* (b) In terms of the NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 2004 (ACT NO. 10 OF 2004) ALIEN AND INVASIVE SPECIES REGULATIONS, 2014, The Seller declares that the following listed alien invasive species are present on the property:


* (c) The Purchaser understands that he must apply for a permit with regards all Category 2 Alien Invasive Species in his own name in terms of the NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 2004 (ACT NO. 10 OF 2004) ALIEN AND INVASIVE SPECIES REGULATIONS, 2014 once the property has been transferred.
(*Delete what is not applicable)

(d) The purchaser acknowledges that he has acquainted himself with the extent and nature of the property and accepts the property as such, including the vegetation on the property."

Once an inspection has been done by an expert, furnishing that to the purchaser will enable them to accurately determine which plants require application and which require removal.

Watch this space for updates in this field!!!

Sunday, May 31, 2015


Welcome to Mc Naught and Company's inter-active law site. Here you will be able to read about our latest news and views, link to other useful sites that concern the process of buying or selling a home and find out all you will need to know.

You can also post questions or comments and we will help you as best we can. Thank you for taking the trouble to find us.

Friday, May 15, 2015

30th Birthday

The big news is that Mc Naught and Company have turned 30 - that's 30 years in service to the Bluff, Toti and greater Durban community.

We're very proud of our achievements and our staff - all of them over those years, including our stalwart Val who passed away last year shortly after retiring and Dave's mom Molly who is well into her 80s and still comes to the office to help out where needed in Conveyancing.

Thank you sincerely also to our loyal clients, associates and friends who have stood by us over these years and help the firm grow to two offices - on the Bluff as well as in Amanzimtoti.

Thanks also to Mark who joined the firm to train for his Articles a number of years ago and who has stayed on as partner and in charge of our Bluff office.

May newsletter published

Friday, January 23, 2015

Bird's eye view

Here's a bird's eye view, or more accurately, pilot's eye view of our Amanzimtoti office seen from 500ft. The photo was taken by Durban Skyye Flight School from a microlight aircraft whilst training. In the second photo our partner Dave Mc Naught, who is also a part-time Instructor and pilot at the flight school.

The tri-angular building is our Amanzimtoti office

Law partner Dave Mc Naught is also a pilot and flying Instructor

Dave trains students for their NPL pilot's licence in the flight school Sling fixed-wing aircraft

Beautiful photo of Durban's Stadium seen from 1000ft at the wingtip of  the Sling aircraft

Wednesday, January 14, 2015

Guy admitted as Attorney

Congratulations to Guy Hankinson, our articled clerk, who was admitted to practice as an Attorney of the High Court today. Guy served articles at Mc Naught and Company and was ably trained by Mark and Dave, partners of the firm, passing his admission exams last year.

Guy is seen here with his Dad and wife and partner Dave for the swearing in ceremony before the two judges of the High Court at Pietermaritburg.

Monday, December 22, 2014

We did it in 2014

We did it in 2014!  - both partners of Mc Naught and Company got married: Mark and Lisa in Paris earlier in the year and Dave and Llewellyn in New Zealand in December on the beach in the Bay of Islands. We also saw our Articled Clerks, Mika get admitted as an Attorney and Conveyancer during the year and Guy similarly qualified for admission as an Attorney. Congrats all.

Well done also to the staff at our Toti office for registering  Mc Naught and Co’s biggest sectional title scheme of 72 units at the end of November and for Jay and Mark at the Bluff office for shaving weeks off their conveyancing turnaround times this year.

Monday, December 01, 2014

Another Partner ties the knot!

Congratulations to Partner Dave Mc Naught and Llewellyn Anderson on their marriage today! Dave and Llewellyn ventured off to New Zealand to tie the knot and picked an idyllic location to do so!
Dave and Llewellyn on their wedding day

Wishing you both all the best of long-term happiness!

Friday, October 17, 2014

Acutts agent Mike takes to the skies

Acutts Bluff agent, Mike Borstlap, took to the Durban skies last week with Mc Naught and Company.

Mike got to see the Bluff area which he sells in as well as had a flight over the Acutts Bluff office.
Mike Borstlap with the Durban Skyye Flight School Sling 2 ZU-FYA. Mc Naught and Company partner Dave Mc Naught is a co-owner of Durban Skyye Flight School.

Wednesday, October 15, 2014

Win a flight in a Sling Airplane

PropCare have recently launched their mobile app which enables you to find a property specialist in your area.. from plumbers, electricians and maintenance guys to conveyancing attorneys and real estate agents. Durban Skyye Flight School and Mc Naught and Company Durban Attorneys have teamed up with PropCare to offer this competition prize of a flight over Durban in our Sling Aircraft. To enter, click on the link to their webpage here and follow the instructions.

Friday, September 19, 2014

Amanzimtoti Staff

Here's the hard-working bunch that are keeping the Toti office of Mc Naught and Co spinning - Partner Dave Mc Naught, Professional Assistant and Attorney Mika, Sharon and Candice and in the bottom photo we are joined by Patricia.

Wednesday, September 17, 2014

Surrogacy Agreements

The instances of couples, where one is infertile or in same-sex relationships, taking on a surrogate mother for their future child are growing in South Africa. It is important for the sake of the biological mother, the couple and the child that adequate protection exists for the respective interests of all. This has been recognised by the Government here.
Children's Act
Surrogate motherhood agreements are governed by the Children's Act 38 of 2005. Section 292 requires such an agreement to be in writing, signed by all parties and confirmed by the High Court.
Section 296 (1) (a) provides: "No artificial fertilisation of the surrogate mother make take place.. before the surrogate motherhood agreement is confirmed by the Court". Furthermore there is also section 303 (1) which provides: "No person may artificially fertilise a woman in the execution of a surrogate motherhood agreement or render assistance in such artificial fertilisation, unless that fertilisation is authorised by a court in terms of the provisions of the Act." In terms of section 305 (1) (b) read with 305 (6) - (7) carrying out an artificial fertilisation contrary to the provisions of the Act is a punishable offence. (Acknowledgement to de Rebus)
We can help
Clearly it is in the interests of all parties contemplating surrogacy that they get correct legal advice before taking the next step. We at Mc Naught and Company are able to provide such a service and help you get started with the family you have always wanted.

Get your FREE will

It's national Wills Week and you can get yours free now through Mc Naught and Company and other participating attorneys. Download one off our website link or call in to draft your free will.

Tribute to VAL

Val Herbert, who retired from our office at the end of last year at the ripe old age of 77, having worked for over 20 years as our bond registration specialist, has passed away after a short illness.
We pay tribute to Val for her tireless, loyal and dedicated work over all those years. Val loved a party and we had many with her dancing around the pole, enjoying our sea cruises and being the life of the party. She was reknowned for her expertise in registering mortgage bonds for the banks and routinely had Mc Naught and Company up in Standard Bank's top-10 for registration efficiency in Kwa-Zulu Natal. An avid bowler she will also be sorely missed by her friends at Wentworth Bowling Club where she notched up several victories over the years.
Val Herbert (right) seen with Molly, partner Dave's Mom, who is another long-standing Staff member

Val Herbert (centre) at a company function with Marlene (left) and partner Mark Leathers (right)