Latest News & Insights
The Business Rescue Practitioner: Powers, Duties, And the Qualities That Drive Successful Rescues
When a company is placed into business rescue under Chapter 6 of the Companies Act 71 of 2008, one of the most consequential early decisions is choosing who will lead...
Read MoreCan digital transformation save your business? How distressed companies are using technology to drive recovery
If your business is under financial pressure, it reflects a broader trend. South Africa’s rising costs, infrastructure constraints, and sluggish economic growth have pushed many companies toward distress. Business rescue...
Read MoreThe Ins to a Way Out: Protecting Your Rights After Settlement
Settlement is often regarded as the final chapter in what can be lengthy and expensive litigation processes. For many businesses and individuals, it represents relief from the uncertainty, expense, and...
Read MoreFrom the ‘Wild-West’ to the ‘Closed Frontier’ – Recent Developments in the South African AI Landscape
On 10 April 2026, the Draft South Africa National Artificial Intelligence (AI) Policy (“the AI Policy”) was published by the Department of Communications and Digital Technologies in the Government Gazette....
Read MoreElectronic Signatures and Their Validity
Electronic Signatures and Statutory Formalities In South African law, a valid signature identifies the signatory and evidences an intention to be bound. The Electronic Communications and Transactions Act 25 of...
Read MoreAre Architectural Works Protected After Termination of an Architectural Services Agreement?
Architects routinely produce valuable intellectual property in the form of drawings, plans, models, and design concepts. A common misconception is that once a client has paid for architectural services, or...
Read MoreReshuffling the Corporate Group: Simplified
As people and businesses evolve, so must their encompassing structures. Companies may need to be introduced into a group, assets ring-fenced for risk purposes, subsidiaries consolidated, or dormant entities wound...
Read MoreReflections from Legal Innovation & Tech Fest 2025
The Legal Innovation & Tech Fest in November 2025 took place at The Maslow in Sandton, the heart of South Africa’s business hub and industry. Over two days, the venue...
Read MoreIrregular Step Applications: The consequences of non-compliance with the rules of court
Litigation in South Africa not only requires the presentation of sound legal argument, but close adherence to the rules of court as well. The court rules prescribe the court procedures...
Read MoreThe Arbitration Clause: What You Need to Know
In commercial contracts, disputes can arise even where parties act in good faith. An arbitration clause is a tool that allows those disputes to be resolved privately and more efficiently...
Read MoreBail Process in South Africa: What You Need to Know
The bail process in South Africa is a critical component of criminal law, designed to balance the constitutional rights of the accused with the interests of justice. When an individual...
Read MoreExpropriation Without Compensation: Testing the Limits of Section 25
President Cyril Ramaphosa assented to the Expropriation Act 13 of 2024 on 24 January 2025, marking a significant development in South Africa’s evolving land reform framework. The Act aims to...
Read MoreThe New Dismissal Code: Are You Ready?
South Africa’s labour landscape has just shifted. On 4 September 2025, the new Code of Practice for the Dismissal of Employees was gazetted, replacing both the long-standing Schedule 8 Code...
Read MoreAntenuptial Contracts: Why Timing Matters
An Antenuptial Contract (“ANC”) is a legal agreement entered into between a couple before marriage to regulate the matrimonial property system that will govern the marriage. Choosing a matrimonial property...
Read MoreThe basics of an inter vivos trust in South Africa
Trusts have long been an attractive tool for the management and protection of assets in South Africa. An inter vivos trust, also known as a “living trust”, is a trust...
Read MoreThe latest judicial interlude – The Insolvency Court
Much heartache has levelled the insolvency and business rescue playing field in South Africa from an administrative, general efficiency and legal assurance standpoint. A pilot project aimed at curbing these...
Read MoreHow Legal Tools Can Save Companies in Financial Trouble
Running a business in South Africa today is no easy task. With unpredictable markets and economic slowdowns, even well-managed companies can find themselves in financial distress. But often, the real...
Read MoreLitigation Ambiguity: How poorly drafted commercial contracts drive disputes in South Africa
In South Africa’s commercial environment, clear and precise contract drafting is crucial. Ambiguities or missing details often lead to disputes, as illustrated by the recent case of G Phadziri &...
Read MoreInitiating compulsory sequestration: What must a creditor prove?
The Insolvency Act 24 of 1936 (“the Act“) provides a legal mechanism for the sequestration of a debtor’s estate where the debtor is unable to satisfy their financial obligations. Sequestration...
Read MoreProperty owners’ remedies for nuisance caused by short-term tenants
The law of nuisance plays a critical role in balancing the rights of individuals to enjoy their property against the obligation not to unreasonably interfere with the rights of others....
Read MoreWhat should you look out for in a lease agreement before signing
Whether it is your first or tenth time signing a lease agreement, it is always important to carefully read and understand every term of the lease agreement before you sign...
Read MoreThe informed seller: Navigating your property sale like a pro
A home is more than just a brick and mortar structure; for many, it is a significant financial asset and a time capsule of memories. Thus, selling such a valuable...
Read MoreBeginner’s guide to praedial servitudes
We come across servitudes more often than we think. We just don’t know it. An example could be something as simple as using the walkway in front of your neighbour’s...
Read MoreUnderstanding debt recovery: Emolument Attachment Orders vs. Garnishee Orders
Recovering a debt does not always end with a court judgment. Even with a legal order in place, some debtors may still be reluctant to pay. This is where enforcement...
Read MoreThe effective nature of the provisional sentence procedure in South Africa and its benefit to debt collection
In South Africa, debt collection can often be a lengthy, complex, and costly process. For Creditors seeking to recover outstanding debts, the legal system offers various tools, one of which...
Read MoreInternational travel and notarisation: What to know before you go
Whether you’re heading abroad for business or leisure, certain documents may need notarisation before you go. Notarisation is often required for documents like affidavits, powers of attorney, and travel consent...
Read MoreUnderstanding the inherent quality of urgency in restraint of trade applications
Restraint of trade clauses in employment contracts are essential for protecting an employer’s proprietary interests. These clauses restrict former employees from engaging in activities that directly compete with the employer...
Read MoreChallenging high court judicial decisions: Leave to appeal and preliminary considerations
For litigants seeking to challenge judicial decisions, understanding when a court will grant leave to appeal is crucial. The criteria are set out in section 17(1)(a) of the Superior Courts...
Read MoreThe evolution of South African Public Procurement Laws: A simple overview
South Africa’s public procurement laws have changed a lot over the years, aiming to make the system fairer, more transparent, and better at supporting the country’s economic goals. This article...
Read MoreFrequently Asked Questions about liquor licensing
Navigating the complexities of liquor law can be daunting. Whether you’re starting a new business, hosting an event, or expanding your operations, understanding the liquor licensing process is crucial. Below,...
Read MoreCourt’s discretion: Redistribution of assets in marriages out of community of property without implementation of the accrual system
In October 2023, the Constitutional Court extended judicial discretion to order redistribution of assets at the dissolution of marriages out of community of property without accrual, entered into after 1...
Read MoreA crash course in permanent life partnerships
1. What is it? Not every couple desires to get married in terms of the Marriage Act 25 of 1961 or Recognition of Customary Marriages Act 120 of 1998 or...
Read MoreBeneficial Ownership – the do’s and the don’ts
In response to the Financial Action Task Force announcing that South Africa had been added to its grey list of countries with insufficient anti-money laundering and terrorist financing controls, the...
Read MoreYour Estate and Minor Heirs
Life is unpredictable and while no one wants to be faced with the situation leaving behind minor children it is important to consider if there are any minor heirs involved...
Read MoreLife Partnership and Inheritance
A summary of the legal position on permanent relationships and the rights of surviving partners following the landmark ‘Bwanya ruling’ – Andi Hoole The 2022 census revealed that there are...
Read MoreNavigating South African property investment as a foreigner
South Africa, with its breathtaking landscapes, vibrant cultures, and diverse opportunities, has long enticed global investors. The country’s real estate market mirrors its dynamic scenery offering a tantalizing prospect for...
Read MoreThe necessity of having a good employment contract
Protecting Both Employers and Employees In the dynamic world of employment, having a solid employment contract is akin to laying a strong foundation for a skyscraper. It’s the blueprint that...
Read MoreNavigating workplace challenges: Constructive dismissal, harassment, and employee well-being
In this thought-provoking article, we delve into the intricate web of workplace dynamics, focusing on three critical aspects: constructive dismissal, the harassment code of good practice, and the pursuit of...
Read MoreUnravelling the Intricacies of Town Planning Applications in Cape Town
Embarking on a journey to develop land in Cape Town entails delving into a complex planning process governed by the City of Cape Town Municipal Planning By-Law, 2015, as amended....
Read MoreThe prospects of obtaining a substitution order
“It is critical for potential litigants to understand the prospects of successfully obtaining an order of substitution, given that the relief it presents may very well be the strongest incentive...
Read MoreArbitration via summary procedure – an expeditious path for resolution?
With the estimated time frame for a matter to be brought before a trial Judge in the Western Cape High Court being upwards of three years, parties are unsurprisingly seeking...
Read MorePrescription: You realise you have a legal claim – now what?
Once you realise that you have legal claim, it is important to know that it is not enforceable indefinitely. After a specified period, which is dependent on the nature of...
Read MoreThe Blueprint for Building Plans
In the whirlwind of excitement that often accompanies buying or selling a property, it is easy to overlook the nitty-gritty details, such as the critical role of building plans. The...
Read More“I am signing my life away” – says every mortgagor
Signing your bond documents can be a stressful and overwhelming exercise if it is your first time because you are unfamiliar with the process. A bond is registered over a...
Read MoreVoluntary liquidation via our courts? Think again.
Amidst the financial turbulence of South Africa’s economy at present, questions often arise for stakeholders of companies in financial difficulty regarding the mechanisms at their disposal to liquidate the company...
Read MoreWhat is a letter in terms of section 345 of the Companies Act 61 of 1973?
A letter in terms of section 345 of the Companies Act 61 of 1973 (“the Act”) demands payment from a juristic debtor and reserves the right to launch a liquidation...
Read MorePostnuptial Contracts – married in but want to be married out?
Marriage is a bond that unites two individuals in love and commitment. During the marriage, however, it is essential to acknowledge the unpredictable nature of life and consider legal measures...
Read MoreGetting married abroad, here’s what you need to know
If you are planning to get married abroad – congratulations – but have you considered which laws will govern your intended union? The lex domicilii matrimonii – domicile of the...
Read MoreDemystifying the dance: A landlord’s basic guide to evictions in South Africa
It is no secret that South Africa has a complex history of land rights, more specifically when it comes to land dispossession. This history has shaped our current land dispensation...
Read MorePatent and latent defects: Can the seller rely on a voetstoots clause?
As a purchaser, you have most likely come across the term “voetstoots”, whether it’s been purchasing a laptop on Gumtree or purchasing a car from Facebook marketplace, but do you...
Read MoreThe accrual system – to exclude or not to exclude? That is the question.
Whilst marriage in community of property is the default matrimonial property regime in South Africa, parties are able to contract out of this regime by way of an ante-nuptial contract...
Read MoreStep-by-step guide: Unopposed divorce process
Getting divorced can be overwhelming. From a cost and expediency point of view, it is generally advantageous for the parties to settle the divorce amicably if at all possible. Before...
Read MoreDeceased estates and estate duty
When attending to the administration of an estate, estate duty is required to be calculated, and if estate duty is applicable same needs to be paid to SARS upon receipt...
Read MoreThe basic principles of discretionary trusts
A common misconception is that a Trust structure is a tool for only the wealthiest members of society. The Trust is a vehicle which can be used to acquire and...
Read MoreUnderstanding the latest developments in Property Law in South Africa
South Africa has undergone some significant changes in property law in recent years. One of the most notable changes is the amendment to the Sectional Titles Act 95 of 1986...
Read MoreRestraints of trade, what does it mean?
Restraints of trade are used in South Africa by employers in an attempt to protect themselves from erstwhile employees using their insider knowledge to undermine them in the market. Or...
Read MoreThe amendment to the Employment Equity Act
The Employment Equity Act (EEA) was enacted to promote equal opportunity and eliminate unfair discrimination in the workplace. The Act has undergone several amendments since its inception in 1998. The...
Read MoreCan you sue for mental anguish resulting from a breach of contract?
The world is consumer driven, and when consumers buy goods, they expect them to work as designed and marketed. This article addresses the question of whether an individual may claim...
Read MoreDissenting shareholders’ appraisal rights
Introduction Section 164 of the Companies Act 71 of 2008 (“the Act”) is a statutory instrument constructed to provide a dissenting shareholder with a remedy to exit a company in...
Read MoreLiquor Licensing in the Western Cape Province in 2023
2023 will prove to be a momentous and exciting year for liquor licensing in the province. During this year the licensing process is planned to convert from the manual system...
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