When Conduct Rules Go Too Far: Your Rights in a Sectional Title Scheme
Most conduct rules are practical and uncontroversial. Rules about noise after a certain hour, the storage of items on balconies, or waste disposal procedures are routine. But not all conduct rules stay within reasonable boundaries. Some schemes have attempted to enforce rules or make decisions that restrict residents and third parties in ways the law […]
Who Holds the Switch? SCA Rules on Electricity for Farm Occupiers
The tension between private property rights and the statutory protections of farm occupiers under the Extension of Security of Tenure Act 62 of 1997 (ESTA) remains one of the most litigated areas of South African land law. While ESTA guarantees tenure security and prevents arbitrary evictions, modern jurisprudence continues to refine what “habitable conditions” mean […]
Who Protects Your Deposit When Property Deals Collapse?
Property transactions rarely unravel overnight. A deal that starts smoothly with a signed Offer to Purchase (OTP) and a paid deposit can quickly run into delays, disputes, or outright collapse. When that happens, one question matters most: who protects the buyer’s money? A string of interest rate cuts over the past few years has seen […]
Can You Be Found Not Guilty Before Defence Starts?
The South African criminal justice system is built on the principle that an accused person is innocent until proven guilty. One of the most important procedural tools that gives effect to this principle is the section 174 discharge under the Criminal Procedure Act 51 of 1977 (CPA). It allows an accused person to be released […]
The Most Common Contract Clauses That Cause Disputes
Most commercial disputes do not arise because parties act in bad faith. They arise because the contract they signed was poorly drafted. Ambiguous payment terms, vague termination provisions, and misunderstood penalty clauses routinely turn straightforward business relationships into costly litigation. In South Africa, contract law is grounded in the principles of freedom of contract, good […]
High Court Validates Electronic Will of Late Constitutional Court Justice
In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court in Kimberley has ordered the Master of the High Court to accept an electronically signed will as the valid last will and testament of the late Constitutional Court Justice Mokgoro. Justice Mokgoro, who passed away […]
Trusts and Family Wealth
Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship. One structure continues to feature prominently in this conversation: the living […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]
The Impact of Recent Companies Act Amendments on Audit and Review Requirements for Close Corporations
Under the amended legislative framework, members of a close corporation are now required to prepare annual financial statements (AFS) within six months after the financial year-end. This timeline was shortened from the previous nine-month period due to the incorporation of relevant provisions from the Companies Act into the Close Corporations Act 69 of 1984. Section […]
PART 1: Advocates vs. Attorneys – What Is the Difference?
When faced with a legal issue or dispute many individuals want to know and understand the difference between an attorney and an advocate. This curiosity is understandable as it may seem like they do the same work. While there are some similarities between these legal practitioners there are also substantial differences. This article will discuss […]