Published Court Orders
Trading Property for Shares: A Strategic Way to Move Assets into a Company
By Sarah Nordien | Associate Director Most property transactions follow a familiar script where a purchaser pays a purchase price, transfer duty may be triggered, and capital gains tax (CGT) is assessed at the point of disposal. But there is another route - one that...
Payments During Business Rescue can still be Clawed Back
By Dhahini Naidu | Director When a company enters business rescue, creditors often focus on the immediate commercial question. Can the company keep trading and can payments still be accepted? A Western Cape High Court judgment, now left undisturbed after the Supreme...
Waiting for Disclosure
By Wessel Robertson | Director When liquidation happens mid-litigation, silence can be costly Litigation can sometimes feel like a long-running stage production. Pleadings are exchanged, attorneys correspond, dates are diarised, costs are incurred and everyone...
PAIA Annual Report deadline: 30 June 2026
The Information Regulator’s eServices portal opened on 1 May 2026 and will close at 23:59 on 30 June 2026 for the 2025/26 PAIA reporting period. Every public and private body must file its annual report on access-to-information requests for the year ended 31 March...
Estate Duty Planning Between Spouses
By Jane Rushton | Director Making effective use of sections 4(q) and 4A Estate planning is often approached as a process of deciding who should inherit which assets. While that is an important starting point, it does not fully address the tax consequences of how those...
When Private Conduct Becomes a Public Standard of Accountability
By David Short | Director and Amanda Kubheka | Candidate Attorney The proceedings involving Judge President Selby Mbenenge and Ms Andiswa Mengo have attracted significant public attention that extends beyond the bench. While the circumstances are unique to the...
Guarantee or Suretyship?
By Wessel Robertson | Director Why the Distinction Affects Enforcement Commercial agreements often include supporting obligations intended to improve a creditor’s prospects of recovery if the principal debtor defaults. These may be described as guarantees,...
When “Getting Paid” Comes Back to Bite
By Wessel Robertson | Director Settlement Agreements in Insolvency Contexts There is a certain relief in reaching a settlement. The dispute is resolved, terms are agreed and payment is on the horizon. But where the counterparty is financially distressed, that sense of...
Constitutional Court Confirms Limits on Labour Appeals and Awards Costs in Dispute Arising from Terminated Municipal Services Agreement
By Riaan du Plessis | Director The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements. In King Cetshwayo District Municipality v Water and...
Academic Exclusion and Urgent Court Relief
By Adela Petersen | Director and Jessica Jaftha | Associate Guidance for universities and other academic institutions When a student urgently asks a court to let them continue attending classes while challenging an academic exclusion, the legal question is not simply...
When a Debtor Dies, can you Still Recover the Debt?
By Wessel Robertson | Director The real question is whether there is anything worth pursuing The death of an entrepreneur can turn an already difficult recovery matter into something far more complicated. On paper, a lender or development fund may still have clear...
Business Rescue vs Liquidation
By Dhahini Naidu | Director Does a rescue filing stop a provisional winding-up order? What happens where a business rescue application is filed after a liquidation application has already been argued, but before judgment in the liquidation matter is delivered? A...
When a Property Sale Collapses, can the Estate Agent Still Claim Commission from the Deposit?
By Tania Abbotts | Director When a property transaction falls apart because the purchaser breaches the agreement, many people assume the agent simply loses out on commission. That is not always correct. In practice, one of the first questions that arises after...
Long Service is not an Absolute Shield against Gross Negligence
By David Short | Director and Amanda Kubheka | Candidate Attorney Labour Court ruling in Algoa Bus Company (Pty) Ltd v South African Road Passenger Bargaining Council and Others. The Labour Court in Gqeberha recently delivered an important judgment in the case of...
Demarcation Disputes cannot be used to interpret Collective Agreements
By David Short | Director CCMA ruling clarifies the limits of the demarcation process A recent ruling issued in favour of a client of Fairbridges provides helpful clarity on the purpose and limits of demarcation disputes in South African labour law. In the matter...
Analysis: The Employment Laws Amendment Bill, 2025
(Government Gazette No. 54220 - 26 February 2026) By David Short |Director, Ali Sonday |Associate Director, Paula Phukuje | Senior Associate, Amanda Kubheka | Candidate Attorney A Clause-By-Clause Operational Analysis The Minister of Employment and Labour,...
A Bridge too Far: When disciplinary shortcuts become a breach of contract
By Ali Sonday | Senior Associate, Paula Phukuje | Associate and Amanda Kubheka | Candidate Attorney The Labour Court in Durban recently addressed the boundaries of an employer's power to expedite disciplinary proceedings at the expense of contractual obligations. The...
When “Served” isn’t Served
By Shu’Aib Datay | Director and Ammaara Soofie | Candidate Attorney Why defective service can derail your default judgment Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is...
From Eskom Blues to Infrastructure Gold: Positioning South Africa’s Independent Transmission Projects as a new Investable Asset Class
By Nadia Nassiep | Associate On 12 February 2026, during his State of the Nation Address, President Cyril Ramaphosa reaffirmed government’s commitment to establishing a fully independent, state-owned transmission entity with ownership and operational control over...
Job Changes and Critical Skills Work Visas
By Aabeed Abdullatief | Director Steps employers and employees can take when employment ends South Africa is seeing an increase in queries from employers and foreign employees where a work visa (often a Critical Skills Work Visa) appears to remain valid on its face,...
Ads, Arts and Events: Performers may soon be Treated as Employees
By Aabeed Abdullatief | Director Government moves to extend labour protections to SA’s creative performers A recent Government Gazette notice suggests a potentially major shift for South Africa’s creative economy. The Minister of Employment and Labour has signalled an...
News Flash: Amendments to the Compensation for Occupational Injuries and Diseases Act 130 of 1993
By David Short | Director and Paula Phukuje | Associate On the 21st January the State President signed certain Sections of the Compensation for Occupational Injuries and Diseases Amendment Act of 2022 into effect. Whilst the Amendment Act of 2022 envisaged extensive...
Sick Notes in South African Workplaces: Clear Rules, Fair Processes
By Paula Phukuje | Associate South African law treats sick leave and medical certificates as part of a balanced system. The Basic Conditions of Employment Act, 1997 (BCEA) gives employees paid time to recover, but it also equips employers with clear thresholds for...
What Black Coffee’s Divorce teaches about Customary Marriages
By Sihle Mayedwa | Senior Associate A recent High Court decision arising from the high-profile Black Coffee divorce has clarified core principles that matter far beyond celebrity headlines. It confirms when a customary marriage exists, what property system applies by...
Buying property in South Africa while living abroad: How Exchange Control shapes your Mortgage
By Sarah Nordien | Associate Director If you are living outside South Africa and buying a home here, your bond (mortgage / home loan) will almost always include exchange control conditions. The bank is not being difficult; it’s the Reserve Bank’s way of ensuring that...