The Consequences of Making Loans to Trusts
Family trusts have long been a central feature of South African estate and wealth planning, with high-net-worth individuals using trust structures to protect assets and to save certain assets, particularly from estate duty. However, many taxpayers who hold substantial assets baulk at the idea of losing complete control over any assets that they may transfer […]
How to Clear Your Name After a Default Judgment Against You: Rescission of Judgments
Most people only become aware that a default judgment has been granted against them when the sheriff arrives with a warrant of execution or when their credit applications are unexpectedly declined. A default judgment is usually issued when a defendant fails to enter an appearance to defend or does not attend trial, and in the […]
Your Will is Set, But Who is in Charge? A Guide to the Executor of Your Estate
Completing your last will and testament is one of the most responsible steps you can take to protect your loved ones. It provides clarity, minimises conflict, and ensures your assets are distributed according to your wishes. However, a will is only as effective as the person tasked with carrying it out. This crucial role is […]
South Africa’s Parental Leave Rules Have Been Updated
On 3 October 2025, the Constitutional Court delivered a landmark decision in Van Wyk and Others v Minister of Employment and Labour & Others (CCT 308/23) [2025] ZACC 20, fundamentally reshaping the law on parental leave in South Africa. The Judgment The court declared that the existing provisions of the Basic Conditions of Employment Act […]
Banks Penalising First-Time Buyers by Up to 32%
Despite Government Subsidies and Fair-Lending Laws Twenty-five years since the implementation of the Home Loan and Mortgage Disclosure Act of 2000 — designed to promote fair lending and transparency in South Africa’s housing finance sector — first-time home buyers still face structural discrimination in order to access affordable credit from traditional financial institutions. YOU CAN […]
Steps to Take When Your Tenant Stops Paying Rent
For many landlords, one of the toughest situations to face is when a tenant stops paying rent. It’s frustrating, but it’s important to remember that eviction isn’t just a matter of asking someone to leave. It’s a legal process governed by strict rules. Knowing how it works helps you protect your rights while avoiding unnecessary […]
Can an HOA Block Access for Foreign Domestic Workers?
Homeowners’ Associations (HOAs) are legal entities responsible for managing and regulating housing development schemes. They oversee maintenance of communal infrastructures such as roads, security systems, and other shared amenities. An HOA can legally implement access restrictions as part of its security procedures, but sometimes the extent of these procedures is questioned. HOA’s authority to regulate […]
High Court Validates Electronic Will of Late Constitutional Court Justice
In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court in Kimberley has ordered the Master of the High Court to accept an electronically signed will as the valid last will and testament of the late Constitutional Court Justice Mokgoro. Justice Mokgoro, who passed away […]
Small Claims Court vs Magistrate’s Court: Which One’s Right for Your Case?
When a dispute turns serious enough to head to court, one of your first decisions can make all the difference: where to take your case. In South Africa, most civil disputes end up in either the Small Claims Court (SCC) or the Magistrate’s Court. Both are designed to make justice accessible, but they operate very […]
How can attorneys sell properties in South Africa?
Too often, law reports show that property sale disputes could have been prevented if one expert had been used to attend to the entire property transaction. I.e., marketing the property, closing the sale, concluding the sale agreement, transferring the property, and finally dealing with the proceeds of the sale. There is no better person than […]
