Can employees be dismissed for WhatsApp messages?
How widely and consistently do you use WhatsApp in your workplace? Do you have WhatsApp groups designated for work purposes? Can you freely express your opinion on certain topics while in those WhatsApp groups? Given the social media era that has dawned within the workplace, a crucial question that needs to be addressed is whether […]
What Implications Does a Lien Have on Eviction Proceedings: Part 1.
In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
Why a Notary? – Part 1
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public. A Notary is a public functionary authorised by the High Court […]
When is it worthwhile to pursue litigation in South Africa?
Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa facing legal disputes, the decision to pursue litigation should not be taken lightly. In this article, we explore when it is worthwhile to pursue litigation. How strong is your […]
Can you change your marital regime after marriage?
A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. Understanding marital regimes In South Africa, there are three main marital regimes: In community of property: This is the default […]
Can foreign judgments be enforced in South Africa?
A judgment granted by a foreign court is not directly enforceable in South Africa but constitutes a prima facie proof of debt (the clearest possible proof of debt). One would still need to institute an action from the South African court based on the foreign judgment. The Enforcement of Foreign Civil Judgments Act 32 of […]
The truth about driving under the influence
Uncover the truth about driving under the influence (DUI) in South Africa. Learn about the strict laws, legal limits, and severe penalties for offenders. Find out how to estimate your blood-alcohol concentration and make responsible choices for safer roads. This is your guide to prioritising your safety and the safety of others, helping you avoid […]
The Rei Vindicatio and the Actio ad Exhibendum
This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei vindicatio. This action is instituted in order to claim the physical return of one’s property. The second action, which will […]
Formation of trusts in South Africa
A trust exists when the founder of the trust has handed over or is bound to hand over to another the control of property which, or the proceeds of which, is to be administered or disposed of by the other (trustee or administrator). Anyone who has the capacity to undertake contractual obligations or to make […]