Arbitration Clauses in Commercial Contracts: Enforceable or a Trap?
When two businesses sign a contract, they rarely think about what happens if things go wrong. Buried in the boilerplate, an arbitration clause can quietly redirect any future dispute away from the courts and into a private process governed by a different set of rules. Sometimes that works in both parties’ favour. Sometimes it does […]
Collecting School Fees in South Africa: The Legal Framework for 2026
Schools have the right to recover unpaid fees, but the law sets a precise sequence of steps that must be followed before any enforcement action can lawfully begin. For public schools, Section 39 of the South African Schools Act SASA governs the entire process, from exemption entitlements to the point at which a matter enters […]
What Does Being a Trustee of a Body Corporate Entail (Part 2)
In Part One of this article, we explained that a replacement trustee may be appointed by the remaining trustees when a trustee ceases to hold office, or, if all trustees have vacated their positions, by the members in a general meeting. The appointment is for a specified period, for example, six months or usually until […]
The Developer’s Handshake: When Buying a New Property Changes Your Tax Bill
When you walk into a modern development, the smell of fresh paint and polished finishes welcomes you into a space that feels ready to be lived in. But before the move-in day, there are tax and legal steps that need to be completed to finalise the deal. What makes it more complex is that, in […]
Choosing the Right Company Structure in 2026
When you launch or restructure a business in South Africa, most SMEs and investors choose between three options: a private company (Pty Ltd), a trust, or a hybrid structure, which combines the two. This decision determines how your business is taxed, how risk is managed, and how easily you can raise funding or scale. With […]
Considering Divorce? Here’s Why Early Legal Advice Matters
Deciding to end a marriage is rarely a sudden choice. For most people, it is the result of months, sometimes years, of deliberation, emotional struggle, and trying to find a way forward. Most people only seek legal counsel when emotions have boiled over, communication has completely collapsed, or impulsive, life-altering decisions have already been made. […]
Can a Voice Note, Email, or Draft Ever Count as a Will?
South Africa’s Wills Act 7 of 1953 remains unchanged in 2026. Voice recordings, emails, and unsigned drafts do not automatically qualify as valid wills, but courts retain a narrow discretion to use them in exceptional circumstances. The rise of digital communication has prompted a recurring question in estate practice: if someone records their final wishes […]
The Name You’ve Built, the Rules That Protect It: Navigating CIPC Name Disputes
For most business owners, your company name is far more than a formality. It is how your market recognises you. It reflects your work, your relationships, and the trust you have built with your clients. The question is: what happens when another business starts trading under a name that looks or sounds like yours? This […]
Transfer Duty in South Africa: Key Facts for Property Buyers
Transfer duty is the tax you pay when buying property in South Africa, governed by Section 2 of the Transfer Duty Act 40 of 1949 (TDA). It applies to immovable property and certain real rights, like long-term leases. As the buyer (transferee), you’re responsible for paying it within six months of signing the offer to […]
Running a Business from Home? Municipal Approval Isn’t Enough
Getting permission from the municipality to run a coffee shop on a residential property might seem like the green light to go ahead. The plans are signed off, the doors open, and business starts to pick up. Then the complaints begin. Neighbours object to the noise and traffic, and a year later, the business is […]