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Should You Step Up? The Reality of Becoming a Trustee

For many property owners in South African sectional title schemes, the Annual General Meeting (AGM) is a routine formality. But when the call for nominations goes out, you might find yourself wondering:…

Bonds Stood Out Again in 2025, But Will the Trend Hold in 2026?

South African fixed-income investors have enjoyed another exceptional year, with the local bond market extending the strong performance seen in 2024. For years, domestic bond returns came largely from income, but since…

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:…

Downsizing for Retirement: Making the Move That Makes Sense

Less space. More freedom. As retirement approaches or the kids move out, many homeowners start to rethink their living space. Downsizing isn’t just about getting a smaller home—it’s about choosing a space…

A Step-by-Step Guide to Buying a House in South Africa

Purchasing a home is an exciting milestone, but without proper guidance, the process can be daunting. South Africa’s property market has unique legal and financial steps that buyers must follow. Whether you’re…

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…

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…

Township Property: An Untapped Market?

Much has been written about the residential property markets in South Africa’s iconic cities: Johannesburg, Cape Town, and Durban. But what of the largest townships in or adjacent to each of these…

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 Rental Housing Tribunal: The Unsung Hero of South Africa’s Rental Market

Renting or leasing a home should be simple, but when it turns into a headache, the Rental Housing Tribunal (RHT) steps in to help. Established under the Rental Housing Act No. 50…

SARS’ ‘Toll Fee’ on the Road to Home Ownership

Of all the costs involved in purchasing a home, transfer duty is one of the largest. Buying a property in South Africa involves more than just the purchase price. One of the…

Evictions in South Africa: What Landlords and Tenants Need to Know

Evicting a tenant or occupier in South Africa is a highly regulated process governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords cannot take…

Sectional Title Arrears Collections: A Legal Perspective

Sectional titles remain one of South Africa’s most popular property ownership models, offering community-style living, shared security, and reduced maintenance burdens. However, arrear levies are the biggest ongoing challenge that can disrupt…

Know Your Rental Rights

Renting a home should be straightforward: you pay your rent, you get a safe place to live, and both sides respect the agreement. Unfortunately, renting does not always go as planned. The…

High Court Validates Electronic Will of Late Constitutional Court Justice

In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court in Kimberley has ordered the Master of the High Court to accept…

Can You Back Out of a Property Purchase? Legal Consequences Explained

Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you…

Recognising Intimate Relationships: Civil Union Act and the Marriage Act

Within the South African context, our legal framework for recognising intimate relationships is unique. Our legislative framework offers various legislative pathways for couples to formalise their unions. The two most prominent Acts…

Seller Appoints the Conveyancer; Purchaser Pays the Fees

There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become…

Steps to Take When Your Tenant Stops Paying Rent

For many landlords, one of the toughest situations to face is when a tenant stops paying rent. It’s frustrating, but it’s important to remember that eviction isn’t just a matter of asking…

Possession Is Nine-Tenths of the Law: Understanding Spoliation Law

What is spoliation? Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent and/or without a court order authorising the dispossessor’s actions. Spoliation focuses…

Can an HOA Block Access for Foreign Domestic Workers?

Homeowners’ Associations (HOAs) are legal entities responsible for managing and regulating housing development schemes. They oversee maintenance of communal infrastructures such as roads, security systems, and other shared amenities. An HOA can…

Exaggerating Your CV Could Get You Fired

What happens if an employee has met the general requirements for a particular job and is appointed accordingly, but has lied about key aspects on their CV? Can an employer fairly dismiss…

Divorce and Pensions

Navigating recent legislative changes. When couples divorce, the division of assets can become a complex matter, particularly where retirement savings are involved. For financial advisors, understanding how marital property regimes and legislation…

Navigating Property Disputes: A Guide for Owners and Tenants

Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and…

Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application

When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement…

When Is a Trust Not a Trust?

When can the provisions of a trust deed be set aside?  When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a…

How to Register Your Business in South Africa: A Step-by-Step Guide

Registering a business in South Africa is essential to ensure your company operates legally and complies with local regulations. The process can be straightforward if you follow the proper steps. Here’s a…

Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa

Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships.…

Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights

A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees…

A Closer Look at Maintenance Court Procedures in South Africa

Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring…

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