South Africa will pilot a system to facilitate online application for protection orders, which will be tested in several provinces.  This will make it easier for victims of domestic violence to obtain protection from perpetrators. On any given day, almost all South African domestic violence courts are overwhelmed by applications for protection orders, each application...Read More

In the recent legal court battle of Solomon v Solomon, two brothers fought over their father’s estate. Percival had two sons, Jean-Paul and Shane. Percival died, leaving a document purporting to be his will. The document did not comply with the Wills Act. Jean-Paul had been disinherited by his father in terms of the will,...Read More

In a landmark ruling, the Constitutional Court of South Africa handed down a judgment on 2 August 2023 that could have far-reaching implications for pension funds and their members. The case, Mudau v Municipal Employees Pension Fund and Others, centered around a dispute over a withdrawal benefit claim from the Municipal Employees’ Pension Fund –...Read More

During COVID many affidavits were commissioned electronically due to the travel and other restrictions that were imposed. In recent case law, South African courts have allowed for virtual commissioning under certain circumstances. The courts have allowed for virtual commissioning to be done through video technology where an affidavit is sent to the deponent by e-mail...Read More

  WHY DO I HAVE TO PROVIDE FICA DOCUMENTS TO SOME BUSINESSES? The purpose of FICA (the Financial Intelligence Centre Act) is to combat money laundering and the financing of terrorist and related activities by imposing duties on certain institutions which might be used to launder money. These duties often entail obtaining FICA documents from...Read More

Untrue negative reviews posted on the internet can have a detrimental impact on a company’s reputation. When companies face negative and damaging statements online, they may have legal remedies available to them. A person may fairly review the services or products which they received from a company, but sometimes a review is false and made...Read More

  LIVING WITH YOUR PARTNER? WHAT YOU NEED TO KNOW ABOUT COHABITATION.   Cohabitation is when parties live together in a domestic relationship. Such relationships are not given the same legal consequences as a marriage. When parties marry or enter into a civil union, reciprocal duties of maintenance and support arise. The parties may also...Read More

Rule 43 Applications: What You Need to Know   If you are going through a divorce in South Africa, you may have heard of Rule 43 applications. But what are they and why are they important?   A Rule 43 application is a way of asking the court for interim relief while the divorce proceedings...Read More

As a landlord in South Africa, it is important to understand the legal procedures that must be followed in the event of a tenant failing to pay rent. While it may be tempting to take matters into your own hands and lock the tenant out of the property, doing so could result in serious legal...Read More

If you have a civil claim of less than R 20 000.00 against someone, the Small Claims Court (“SCC”) may have jurisdiction to hear the matter. The SCC is a quick and cost-effective way to resolve certain disputes. STEPS IN PROCEEDING WITH A CLAIM Attempt to contact the debtor and request payment. It the debtor fails...Read More