The Most Common Contract Clauses That Cause Disputes
Most commercial disputes do not arise because parties act in bad faith. They arise because the contract they signed was poorly drafted. Ambiguous payment terms, vague termination provisions, and misunderstood penalty clauses routinely turn straightforward business relationships into costly litigation. In South Africa, contract law is grounded in the principles of freedom of contract, good […]
Why Your Will Is Not Your Estate Plan
Many South Africans believe that once they have a signed, witnessed will in place, their estate planning is done. But it is not. A will is a legal document that directs how your assets in your personal estate will be distributed after your death. But a significant portion of most people’s wealth sits outside that […]
Misled by a Property Seller? Know Your Legal Rights
What happens if a seller gives you false information to persuade you to buy a property? South African law offers protection in cases of misrepresentation, even where the contract includes a “voetstoots” clause. Depending on the circumstances, you may be entitled to cancel the sale or claim damages. A recent court decision outlines the rights […]
High Court Invalidates Will and Declares Daughter Unworthy to Inherit
The North West High Court’s judgment in Lombard v Van Der Merwe, handed down on 24 March 2026, is essential reading for anyone who has a will, is thinking about making one, or stands to inherit under someone else’s. It is a case about an elderly man, a disputed document, and the catastrophic consequences that […]
Never owned a property before? Use your Government subsidy to reduce your monthly rental and step up to become a home owner.
Cape Town, South Africa – 30 April 2026 Thousands of South Africans who could afford to own a home remain excluded from the housing market because they cannot meet the strict credit requirements for a traditional bank home loan. They often feel stuck in a rental trap forever, while paying off the home loan of […]
Possession Is Nine-Tenths of the Law: Understanding Spoliation Law
What is spoliation? Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent and/or without a court order authorising the dispossessor’s actions. Spoliation focuses specifically on a person’s possession, and ownership of the property involved is not considered relevant. Luckily, our law provides a strong remedy, originating […]
Evictions in South Africa: What Landlords and Tenants Need to Know
Evicting a tenant or occupier in South Africa is a highly regulated process governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords cannot take the law into their own hands. Let’s unpack the legal steps for a lawful eviction, the rights of unlawful occupiers, and why legal […]
When Grief Meets Red Tape: Understanding Today’s Estate Challenges
Losing a loved one is already one of life’s most difficult experiences. Add to that the burden of South Africa’s complex estate administration process, and families often find themselves overwhelmed at the worst possible time. In 2026, the challenges facing estate administrators have reached unprecedented levels, but understanding these obstacles and seeking professional help can […]
Trusts and Family Wealth
Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship. One structure continues to feature prominently in this conversation: the living […]
Mediation Before Litigation: Balancing Efficiency and Constitutional Rights
South Africa’s civil justice system faces significant challenges, including escalating litigation costs, prolonged delays, and an overwhelming backlog of cases, with some civil trial dates not projected until 2031. Against this background, the South African Law Reform Commission (SALRC) has been developing a Draft Mediation Bill since 2019 to integrate alternative dispute resolution (ADR), particularly […]
