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October 31, 2024

Neighbourly Disputes: Legal Solutions in South Africa

Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints […]
October 31, 2024
wills

Redefining Divorce Rights: Section 7(3) of the Divorce Act Struck Down by the Constitutional Court

In a significant legal development, the Constitutional Court of South Africa, on 10 October 2023, upheld a judgment from the High Court of Pretoria, declaring Section […]
October 29, 2024

Caution Advised: The Pitfalls of Online Antenuptial Contracts

In South Africa, an antenuptial contract (ANC) is a critical legal document that determines the matrimonial property regime of a marriage. While the online creation of […]
October 29, 2024

Are You Considered an Employee in Terms of the Labour Relations Act?

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are protected under the Labour Relations Act. […]
September 30, 2024

Maintenance and Children Not Born from a Marriage

Summary: It is undeniable that in the time and age we live in, more and more children are born out of wedlock, but how does this […]
September 30, 2024

Defamation in South African Law

Saying, publishing, or posting defamatory statements about another person or entity can have serious consequences for the person releasing the statement. Defamation is a delict under […]
September 30, 2024

The Intent to Revoke a Last Will and Testament

The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire […]
September 30, 2024

Contractual Consequences of Breaking Off an Engagement

Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract […]
September 25, 2024
CCMA

Considering the CCMA ? Here Is What You Need to Know

A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes can prevent the public from taking […]
September 25, 2024
property

Understanding Tenant Rights to Property Possession

It often happens that a tenant, for whatever reason, refuses, neglects or is unable to pay rent and falls into arrears. A landlord, frustrated with the […]
September 25, 2024
wills

The Omission of a Single Word Can Lead to a Will Being Contested

The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South Gauteng High Court, in the matter […]
September 25, 2024

How to Wind Up a Deceased Estate

Winding up an estate in South Africa is a meticulous process governed by the Administration of Estates Act 66 of 1965. It involves the collection and […]
July 12, 2024

Are You Giving Signals, Trading Tips, or Trading on Behalf of Others? Beware!

You’re at a braai with friends, and the conversation turns to the latest hot stock or cryptocurrency. Feeling confident in your recent trading success, you offer […]
July 12, 2024

How a Latin Phrase Affected a Recent Property Dispute Case

In essence, the Latin phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According to the Prescription Act, a […]
July 12, 2024

Understanding Living Wills

When one thinks of a will, the first thing that comes to mind is probably a last will and testament. This type of will expresses a […]
July 12, 2024

What Will Happen If You Ignore a Court Order?

Ignoring a court order in South Africa is a serious matter that can lead to significant legal consequences, including being held in contempt of court. This […]
July 12, 2024

Is There a Need for Sectional Ownership?

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He […]
July 12, 2024

Registered Antenuptial Contracts vs Agreements Between Spouses

The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries […]
July 12, 2024

The Dangers of Single-Spouse Financial Planning

The ability of families and retired couples to plan effectively to protect their financial future can be hampered when just one person is entirely responsible for […]
July 12, 2024

To Claim or Not to Claim—VAT, That Is…

Some vehicles you cannot claim VAT on, some you can—and knowing the difference can save you a lot of money. When can you claim input VAT […]
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