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 […]
Recognising Intimate Relationships: Civil Union Act and the Marriage Act
Within the South African context, our legal framework for recognising intimate relationships is unique. Our legislative framework offers various legislative pathways for couples to formalise their unions. The two most prominent Acts are the Marriage Act, 1961 (Act 25 of 1961) and the Civil Union Act, 2006 (Act 17 of 2006). Both Acts, while governing […]
Can You Record the Police? The Jacobs Ruling Says Yes
In a recent ruling by the Johannesburg High Court – Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025) – South Africans’ legal right to film and question police officers has been affirmed. The case brought much-needed clarity on the everyday interactions between citizens and law enforcement, confirming that recording […]
Attorneys v Advocates – What is the Difference? Part 2
In terms of the Legal Practice Act of 2014, an advocate is “a legal practitioner who is admitted and enrolled as such under this Act”. This means that a person with an LLB degree first needs to be admitted and enrolled before they are considered and allowed to practice as an advocate. The abovementioned legislation […]
Supporting Elderly Parents: The Legal Duty of Adult Children
We often focus our compassion on vulnerable children and their needs, but what about the elderly? In South Africa, too many parents spend their final years in destitution while their adult children live in comfort. This raises a difficult but important question: can parents claim maintenance from their children? The Law: A Reciprocal Duty of […]
Children’s Status and Their Right to Inherit
Within the framework of South Africa’s law of succession, constitutional values such as equality and non-discrimination have elevated children’s rights to inherit significantly. Our legal position currently has impacted both the status and inheritance rights of extramarital children, children conceived through artificial insemination, children born of surrogacy, and adopted children. The Children’s Act 38 of […]
What Role Do Homeowners’ Associations Play in Shared Developments?
Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, the legal framework surrounding HOAs can be complex, involving legislation such as the Sectional Titles Schemes Management Act of 2011. In addition to managing disputes and enforcing rules, HOAs […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
