Signing an antenuptial contract before getting married does not mean you are anticipating divorce
Even though the current generation is more open to talking about virtually anything, there is still a tendency among people to avoid talking about certain topics irrespective of their paramount importance. Signing a prenup, which is more appropriately referred to as an antenuptial contract, might be one of the taboo topics in some of our […]
Defamation in South African Law
Saying, publishing, or posting defamatory statements about another person or entity can have serious consequences for the person releasing the statement. Defamation is a delict under South African law that is concerned with the protection of a person’s reputation. It is a serious matter that can have devastating consequences for an individual or business. Defamation […]
Domicilium citandi et executandi in South African Law
How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state my side of the story? Well, in our law this could happen if you agreed to a domicilium address without notifying other parties about a change therein when you […]
Eviction order prior to removal of unlawful informal settlement structures on private property: Is it necessary?
Should a land owner obtain an eviction order prior to the removal of informal settlement structures erected unlawfully, and without the land owner’s consent, on his or her private property? When living in South Africa, the sighting of informal settlement structures being erected on vacant land is quite common. Unfortunately, these informal settlements are sometimes […]
Compliance certificates required when selling a property
There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates: Electrical Compliance Certificate The […]
When your tenant ‘does a duck’
Tips for landlords when their tenant does a disappearing act. Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs—usually unpaid or late paid rental. Some tenants plan to go without paying, while others just cannot pay. What should […]
Can trustees sell trust property to their own company?
The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]
Starting a business in South Africa: Legal requirements and the Companies Act
Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be complied with, so you can make sure you do what is best for the business you are starting. The Companies Act is the primary legislation governing a company and […]
Talem Qualem: Take the victim as you find him
Legal causation can be distinguished from factual causation. Factual causation can be described as answering the question of whether the conduct of a wrongdoer caused the harm suffered by the plaintiff. The test for factual causation is found in the phrase “sine qua non” meaning “but for the conduct” the harm would not have been […]
Signing an antenuptial contract before getting married does not mean you are anticipating divorce
Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the benefits of an antenuptial contract while you are happily married. Before we discuss the benefits of an antenuptial contract, let’s consider the different marital regimes couples can enter. 1. […]