News and Commentary
Intersections of Judicial Review and Internal Appeal Remedies in Administrative Law
By Justine Paries | Associate How should courts balance a tailored statutory appeal with the broader scope of judicial review in administrative decisions? In Commissioner for the South African...
Enforcing Restraint of Trade Rights After Dismissal
By David Short | Director & Zethembe Manukuza | Candidate Attorney Essential Guidance on Key Steps and Risks for Employers The recent ruling in Backsports (Pty) Ltd v Motlhanke and Another...
The State v Peter Beale: Testing the boundaries of Criminal Law in the context of Medical Negligence
By Julia Penn | Director & Justine Paries | Associate On 04 March 2025, the Gauteng High Court acquitted the paediatric surgeon and retired professor, Peter Beale on charges of murder and fraud,...
The Importance of “Appreciable Help” in the Context of Medical Negligence Claims
By Siphesihle Mayedwa | Senior Associate & Justine Paries | Associate Lessons from LLM v Minister of Health (2024) ZANWHC 247 (26 September 2024) Litigants wishing to use expert testimony in...
Municipal Mayhem: Why your Clearance Certificate Might Never Arrive
By Henrietta Botha | Director Examining the Hidden Obstacles and Potential Solutions Clearance certificates are indispensable for property transfers in South Africa. These certificates, issued by...
Dead Deals Don’t Walk: Why You Can’t Simply ‘Revive’ A Lapsed Agreement
By Jaco van der Westhuizen | Director When can a Lapsed Agreement come back to life? South Africa’s Supreme Court of Appeal sets the record straight. In business, timing is everything - especially...
Left in the Dark: Why Landlords Can’t Just Cut Your Power
By Shivani Govender | Director & Ciara Pillay | Candidate Attorney Imagine coming home after a long day, only to find the lights out and the water switched off. This unsettling scenario - where...
Has The Horse Bolted Yet?
By Lesedi Mphahlele | Director and Sello Ramanyana |Candidate Attorney A look at Bafana Bafana’s alleged breach of the FIFA Regulations Under the FIFA Disciplinary Code, Bafana Bafana runs the risk...
Divorce and Wills: The 3-Month Countdown you Cannot Ignore
By Jane Rushton | Director Divorce is a major life change that necessitates an immediate review of your Will. The Wills Act, No. 7 of 1953 provides you with a three-month grace period, post-divorce...
Celebrity Endorsements – Misinformation or Plausible Deniability?
By Wessel Robertson | Director KleuterZone and the ‘Carefree Endorsement’ Trap Ever watched a preschooler playing without a care in the world? This sense of no-consequence freedom is often cherished...
Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion
By Zolani Dhlamini | Director and Keitumetse Khutsoane| Candidate Attorney In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the...
Breaking the Deadlock – “In All Respects”
By Jessica Jaftha | Associate Functionality Matters: Fairness and Full Consideration in Tenders Under section 6(2)(e)(iii) of the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) as well...
Application to Strike Out, Struck Out!
By Jessica Jaftha | Associate Form vs Fairness: Why Courts Won’t Let Procedure Trump Justice Court rules are vital in ensuring consistency and fairness within the judicial process. However, there is...
Poetic Justice: Rhyme and Reason
By Jessica Jafhta | Associate From Maintenance to Mayhem: When bitter divorce battles miss the mark. “Contempt of Court is not a finding lightly made, nor is it any easier if twice displayed....
How to Check Your Property Zoning and Apply for Changes in Cape Town
By Celani Mchunu | Associate Every property within the boundaries of the City of Cape Town municipality has a specific zoning assigned to it based on the City of Cape Town’s Land Use Management...
Getting Married in South Africa? 5 Crucial Legal Aspects to Know Before Saying ‘I Do’
By Siphesihle Mayedwa | Senior Associate and Sumaya Elyas | Candidate Attorney Marriage isn't just about romance and vows; it's a binding legal contract with important consequences. Understanding...
Real estate contracts: What is the subject to sale condition?
By Sarah Nordien | Associate Director If you are selling your property and this condition is in the Offer To Purchase (OTP), or you want to (or need to) sell your existing property simultaneously...
Who Really Runs The Show? An Overview of Shadow Directors and Potential Liability
By Shivani Govender | Director South African company law, governed primarily by the Companies Act 71 of 2008 (“the 2008 Act”), does not expressly define “shadow directors.” In contrast, many...
Purposive or Literal? Balancing Procedural Formalities and Access to Justice under Section 2(2) of the State Liability Act.
By Nick Roelf | Senior Associate Statutory interpretation stands at the heart of many legal disputes. In Minister of Police v Miya (hereafter Miya), the Supreme Court of Appeal was asked to...
Implications for Employees Earning more than the New Earnings Threshold
By Ali Sonday | Senior Associate New Earnings Threshold For 2025/2026 Effective from 1 April 2025, the earnings threshold, which is determined by the Minster of Employment and Labour from time to...
What Does “Bond Approval” Mean in a Real Estate Agreement of Sale?
By Sarah Nordien| Associate Director What is the bond approval process, and why does it matter in real estate transactions? This article provides an overview of the bond approval process,...
A Tale of Patios and Paperwork – Extending a Sectional Title ‘section’
By Tayla Moorley | Associate Director Imagine you’ve just purchased a beautiful ground-floor sectional title unit in a secure complex. You love the space, but you dream of enclosing your patio to...
Untying The Co‑Ownership Knot
By Henrietta Botha | Director How the Actio Communi Dividundo frees the ties that bind When two or more people acquire ownership of the same property, they each hold an undivided share in that...
Avoid Costly Tenant Disputes: What You Must Know About The Vacant Occupation Clause
By Sarah Nordien | Associate Director The vacant occupation clause in a deed of sale may seem straightforward, however, misunderstanding the clause can lead to costly disputes and delays. Here is...