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

You may have noticed a charge on your monthly levy account called the “CSOS levy” and wondered what this is for. What is the CSOS levy? The CSOS levy is an amount that a community scheme collects from owners (with certain exceptions) which is then paid over to the CSOS on a quarterly basis. What...Read More

WHO QUALIFIES FOR WITHHOLDING TAX IN TERMS OF SECTION 35A OF THE INCOME TAX ACT 58 OF 1962: Many South Africans have decided to emigrate and sell their homes in South Africa and likewise many foreign nationals have left the country and sold their homes. What tax implication will this have on an individual in...Read More

TOP 6 COSTS THAT A PURCHASER MAY BE LIABLE FOR WHEN BUYING A HOME Purchasers often only budget for the purchase price of the property when buying a new home and don’t consider additional costs that may arise. It goes without saying that the purchaser is liable for payment of the purchase price of the...Read More

A parenting plan is a written agreement between parents that outlines their respective rights and responsibilities with regard to the care and upbringing of their children. The plan typically covers a range of issues such as the child’s residence, contact with both parents, decision-making authority, and the financial support of the child. The Children’s Act...Read More

  Parking is a constant topic of argument in sectional title complexes. There just never seems to be enough parking and parking-bay envy is common among residents. There are often disputes over the allocation of bays or residents using visitors’ parking as their own personal parking spots. The South Gauteng High Court recently dealt with...Read More

Employees are often quick to resign in the face of some dissatisfaction in the workplace, and then proceed against their former employer with a claim for constructive dismissal, not being aware of what is required in order to succeed with such a claim. A constructive dismissal arises when the employee terminates his or her contract...Read More

Oftentimes, first time and even seasoned sellers are not prepared for the costs associated with selling their homes. To make sure you are prepared for the sale of your home we have compiled a list of  some of the typical costs that you can expect when selling your home. 1. ESTATE AGENT’S COMMISSION: When the...Read More

POPI panic is taking hold as businesses rush to ensure that they comply with the POPI Act before the deadline of 1 July 2021. Although the deadline is fast approaching, businesses can take steps to comply with the POPI Act, including the following: Appoint an information officer – Businesses should appoint an information officer, who...Read More

The importance of an antenuptial contract, or ANC as it is often called, cannot be overstated. It is often the most important document that one will ever sign, however it is often given little regard when planning a wedding. MATRIMONIAL PROPERTY REGIMES There are three matrimonial property regimes which we will focus on, namely a...Read More

  According to the recent case of Numsa obo Manyike / Wenzana Consulting and Construction [2021] 5 BALR 479 (MEIBC), an employee was dismissed by his employer for pulling his mask down over chin in order to take a phone call with company security whilst at work. The employee referred his dismissal to the Metal...Read More

Many dog/puppy daycare facilities have popped up in recent years, but what happens if the daycare is located in a residential area and happens to be your neighbour? What can you do about the the nuisance caused and the disturbance to the use and enjoyment of your property? The case of Christopher v Verster [2021]...Read More

The legal profession is known to be notoriously slow to adopt technology. Even the most useful innovations are often only adopted in reaction to client demands for more efficient and cost-effective services. Enter COVID-19. In response lockdowns globally, practitioners have scrambled to source solutions to allow them to work from home in a manner that...Read More

RETRENCHMENTS IN THE TIME OF CORONA   Nationwide Lockdown On 23 March 2020, President Cyril Ramaphosa announced a nationwide lockdown. In addressing the nation, President Ramaphosa stated: “Our country finds itself confronted not only by a virus that has infected more than a quarter of a million people across the globe, but also by the...Read More

For those parents that have had difficulties relating to shared residency of minor children , as of  7 April 2020, the South African Government has issued an amendment to the regulations surrounding shared parental rights and responsibilities. Essentially parents may travel between the two residences in order for the other parent to exercise contact. However...Read More

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic...Read More

I neglect my talents Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small river named Duden flows by their place and supplies it with the necessary regelialia....Read More

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic...Read More

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic...Read More

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic...Read More