News and Commentary
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...
Real Estate Contracts: How Suspensive Conditions and Bond Approval Work
By Sarah Nordien| Associate Director Real estate or property transactions often involves complex legal terms and conditions that can seem overwhelming. Among these, suspensive conditions and bond...
A Claim for Equal Benefits for Parents of Newborn or Adopted Children.
By David Short | Director and Zethembe Manukuza | Candidate Attorney What is good for the goose is good for the gander: a claim for equal benefits for parents of newborn or adopted children Van Wyk...
A Precipitous Move
When employers inappropriately impose the normal retirement age of 65. By David Short | Director When employers inappropriately impose the normal retirement age of 65. Slabbert v Muji Motor Group...
Can a Verbal Agreement Really Hold Up in Court?
By Jessica Jaftha | Associate & Sumaya Elyas | Candidate Attorney A contract is an agreement between two or more parties who intend to create legally binding obligations. For a contract to...
Podcast: What rights does your Ex have to your pension?
Pippa Hudson speaks to family law specialist Sheri Breslaw (Director) about divorced spouses and pension rights....
Viewing the SARB’s Exchange Control Revisions through an IP Licensing Lens
By Gaby Meintjes | Director A recent scenario involved a South African company structuring an intellectual property (IP) licensing agreement with an offshore partner. The local entity intended to...
Supreme Court Clarifies Requirements for Asset Protection in Divorce Disputes
By Siphesihle Mayedwa A recent Supreme Court of Appeal (SCA) ruling in KSL v AL ([2024] ZASCA 96) has clarified critical aspects of anti-dissipation interdicts in the context of divorce proceedings....