Legal insights that matter
Stay informed with our practical insights on South Africa’s legal landscape – what to know, what to avoid, where the opportunities are
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Wills and Estate Planning
National Wills Week: Do You Really Need 6 Types of Will?
At the heart of your estate planning is your will (“Last Will and Testament”). Without it, you lose your right to choose your heirs, to choose the executor of your estate, and to choose who will look after your children and your family trusts when you die. But there’s lots [...]
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Family Law
Better Late Than Never: Marriage Law Drags Itself into the 21st Century
For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had ties to more than one country. A recent Western Cape High Court judgment declared that rule unconstitutional and introduced a [...]
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Delict and Civil Claims
A Pothole Causes You to Crash. Can You Sue the Government?
In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg. The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to [...]
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Property
Can Your Neighbour’s CCTV Camera Point into Your Property?
Home security cameras are increasingly common, but protecting your property does not give you an unrestricted right to monitor your neighbours. A dispute between Cape Town neighbours has clarified where the line may be drawn. The bottom line? CCTV surveillance of a neighbour’s private spaces can infringe their constitutional rights [...]
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Property
Cancelled Sale, Damaged Property. Who Pays?
When a sale falls through, most people assume restitution means simply giving back the money and the property. A recent High Court decision shows it is rarely that straightforward, particularly if the property itself has changed in the interim. The ruling explains how restoration costs should be worked out, and [...]
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Trusts
Can Family Conflict Kibosh a Trust?
When a trust's founder dies, families often assume that whatever they said they wanted will be honoured, even if the trust deed was never changed to reflect it. A recent Supreme Court of Appeal decision confirms that this is not how trusts work. What governs a trust after the founder's [...]
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Property
Does the Consumer Protection Act Protect Every Tenant?
Paying rent under a residential lease does not automatically make you a consumer under the Consumer Protection Act. A recent Supreme Court of Appeal decision shows that the real question is whether the landlord is letting property in the ordinary course of business. That said, even where the CPA does [...]
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Employment and Labour Law
Whistleblower Reinstated: Protected Disclosures Act to the Rescue
The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace. But what protections does the Act actually give whistleblowers? And what steps should employers and employees take to ensure they comply with it? We’ll answer all of [...]
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Property
One Bad Letter and Your Eviction Falls Apart
A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson [...]
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