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 […]
What You Post in Your Scheme’s WhatsApp Group Could Land You in Trouble
Almost every sectional title scheme in South Africa has one now: a WhatsApp group for owners and residents. Used well, it’s a genuinely useful tool for quick notices about water outages, lost pets, parking issues, or an upcoming AGM. Used badly, it becomes the place where a noise complaint turns into a public accusation, a […]
The Prevention of Illegal Eviction Amendment Bill: Striking a New Balance Between Property Rights and Housing Rights
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) has long been regarded as one of South Africa’s most significant pieces of socio-economic legislation. Enacted to give effect to section 26(3) of the Constitution, PIE protects unlawful occupiers from arbitrary eviction while ensuring that property owners may only […]
Why Your Will Is Not Your Estate Plan
Many South Africans believe that once they have a signed, witnessed will in place, their estate planning is done. But it is not. A will is a legal document that directs how your assets in your personal estate will be distributed after your death. But a significant portion of most people’s wealth sits outside that […]
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 […]
The Relationship the Law Forgot to Recognise
Cohabitation Doesn’t Mean You Share Legal Rights Many couples move in together, split the rent, raise children, and quietly assume that the law sees them as something close to being married. The reality is that South African law does not recognise a general common-law marriage, and cohabiting partners do not receive automatic matrimonial property rights. […]
Are Electronic Wills Valid?
We live in an age where agreements are concluded by email, documents are signed electronically, and important records are stored in the cloud. It is therefore not surprising that clients often ask: “Can I sign my will electronically?” or “Is the will saved on my laptop valid?” The short answer is that South African law […]
Supporting Elderly Parents: The Legal Duty of Adult Children
We often focus our compassion on vulnerable children and their needs, but what about the elderly? In South Africa, too many parents spend their final years in destitution while their adult children live in comfort. This raises a difficult but important question: can parents claim maintenance from their children? The Law: A Reciprocal Duty of […]
How to Clear Your Name After a Default Judgment Against You: Rescission of Judgments
Most people only become aware that a default judgment has been granted against them when the sheriff arrives with a warrant of execution or when their credit applications are unexpectedly declined. A default judgment is usually issued when a defendant fails to enter an appearance to defend or does not attend trial, and in the […]
Mediation Before Litigation: Balancing Efficiency and Constitutional Rights
South Africa’s civil justice system faces significant challenges, including escalating litigation costs, prolonged delays, and an overwhelming backlog of cases, with some civil trial dates not projected until 2031. Against this background, the South African Law Reform Commission (SALRC) has been developing a Draft Mediation Bill since 2019 to integrate alternative dispute resolution (ADR), particularly […]