Rouwkoop clauses: What is it and is it enforceable?

The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]

Why a Notary? – Part 2

In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look at the work reserved for notaries and a notary’s role in the certification and authentication of documents. One will see the necessity and importance of using a notary. The […]

The dos and don’ts for landlords regarding the rental housing act

In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, […]

Should you opt for a DIY divorce in South Africa?

A DIY divorce in South Africa offers a cost-effective, simple option for uncontested cases but comes with risks like unfair settlements and asset division issues. This brief guide highlights the process, benefits, and potential pitfalls, underscoring the need for careful consideration to protect personal and family interests. Understanding DIY Divorce Can I do my own […]

New era for domestic violence cases: Enhanced protection under amended act

The legal landscape for domestic violence in South Africa just shifted. New amendments focus on swift arrests, tougher bail, and preventing charge withdrawals to prioritise victim safety. Read more about this crucial change and its impact on communities and justice. A paradigm shift in tackling violence within intimate relationships The April 2023 amendments to the […]

Can you inherit from someone you have merely been living with?

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]

Understanding your rights: Breach and penalty clauses in property agreements

When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the transaction. Understanding these key provisions is essential for ensuring that the interests of both the buyer and […]

What implications does a lien have on eviction proceedings: Part 1

In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms.  “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]

Will-stipulated purchase option: Are there transfer duty impacts?

Any person drawing up a last will and testament, and who intends to include an option to purchase any of their properties, should be aware of the transfer duty implications such provision might bring forth. This article intends on discussing the beforementioned implications at the hands of the case of Secretary for Inland Revenue v Estate […]

The truth about driving under the influence

Uncover the truth about driving under the influence (DUI) in South Africa. Learn about the strict laws, legal limits, and severe penalties for offenders. Find out how to estimate your blood-alcohol concentration and make responsible choices for safer roads. This is your guide to prioritising your safety and the safety of others, helping you avoid […]