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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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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....

“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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Most people are holders of some sort of insurance policy, be that in the form of car insurance, home insurance, or life insurance. What this policy represents is nothing more...

Who is responsible for an insurance claim in a sectional title scheme? When faced with an insurance claim, owners of sectional title units, aware of the fact that a portion...

The estate of every deceased person requires an Executor to be appointed to administer the respective estate. Appointment of Executors, as well as their duties, are overseen by the Master...

THE TRUST As a result of the various benefits for estate planning purposes, the formation of trusts has become increasingly popular in South Africa. It is common that one spouse...

You have finally found your forever home or perfect investment property, put pen to paper and signed your Offer to Purchase. Over and above the purchase price, the next question...

On 1 February 2022, the Property Practitioners Act 22 of 2019 (“the Act”) repealed the Estate Agency Affairs Act 112 of 1976 in its entirety. This marked a significant transformation...

Not many people understand what a Notary Public does, until they need one. When you need to use documents signed or prepared in South Africa overseas, you will generally require...

Lease agreements are contracts entered into between a lessor and a lessee for a specified period of time, allowing a lessee to occupy and enjoy the property for that aforementioned...

The JBCC agreements have overwhelmed the South African construction industry, becoming required for contracts with the state and fast becoming the preferred contract suite for major and minor works throughout...

A contractor has a common law right to exercise what is commonly referred to as a “builder’s lien” over property of his employer, as security for payment for work carried...

The Covid-19 pandemic brought about strict regulations and directives that restricted the travel and everyday operations of various companies in South Africa. This forced companies to develop a new business...

This is for the parents having a difficult time sharing their children. Since parenting mostly consists of telling your children “how many more minutes” they have left of any particular...

We live in a global village, so it is no surprise that questions of international private law are becoming more prevalent. One such question is: What legal regime is applicable...

Written by Raffaella Migliore As a result of the national utility company generating insufficient electricity to meet demand from increasingly aging infrastructure, South Africa has experienced 15 years of chronic...

Written by Solly Epstein I stand in awe of present-day technological advances. This is understandable, considering I was admitted as an attorney in June 1968. At the time I commenced...

Written by Isabella Black INTRODUCTION There may be an instance where a claim was incorrectly calculated and, as such, the court in which the claim was originally brought no longer...

Written by Michael Owen The cogs of South Africa’s judicial system have remained untouched for decades, failing to stay abreast with modernity, and doing so at its own peril. However,...

Written by Daniel Marcus As South Africa moves out of its 3rd Covid-19 wave and lockdown regulations remain in force, questions continue to be raised by individuals as to the...

Written by Darren Swartz It often happens where both parties to a contract incorrectly interpret a term, or err under a mistaken assumption, for example that a lease agreement is...

The current economic climate has seen an increase in financial debt, with a large number of consumers being unable to meet their payment obligations to inter alia suppliers and/or lenders....

Following English law, South African Law recognises the right of an insurer to step into the shoes of its insured in proceedings against third parties who are liable for damages...

A Notary Public is an admitted attorney who has passed the competency examination for Notarial Practice and is recognised as a Notary Public by the High Court of South Africa....

A Notarial Tie Agreement is a notarial deed entered into by two or more parties, in terms of which a condition is registered against the title deeds of the relevant...

Covid has changed our reality.  We find ourselves facing unexpected and often unimaginable obstacles. Having to wind up a loved one’s estate is one such obstacle many have been confronted...

As the demand for housing increases and the supply of suitable available land decreases, property owners who have large properties and unused space have an opportunity to capitalize on their...

The definition of cryptocurrency It’s no secret that cryptocurrency has taken the world by storm, with investors around the globe trying their hand at trading the virtual currencies. One of...

Along with the Covid-19 third wave and the associated harder lockdown restrictions, the shocking recent events in South Africa, namely, the violent looting and unrest during July, have undoubtedly forced...

Written by: Nadia Gava COVID-19 has had a devastating impact on South African businesses, leaving many with no option but to liquidate. Liquidation is a last resort for a company...