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 […]
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 […]
South Africa’s Parental Leave Rules Have Been Updated
On 3 October 2025, the Constitutional Court delivered a landmark decision in Van Wyk and Others v Minister of Employment and Labour & Others (CCT 308/23) [2025] ZACC 20, fundamentally reshaping the law on parental leave in South Africa. The Judgment The court declared that the existing provisions of the Basic Conditions of Employment Act […]
Your Rights Under the Consumer Protection Act
The Consumer Protection Act 68 of 2008 (CPA) changed South African contract law by introducing statutory remedies that differ from the traditional common-law breaches, such as mora, positive malperformance, and repudiation. Instead of classifying remedies by the type of breach, the CPA focuses on the type of performance, distinguishing between services and goods. The CPA […]
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 […]
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 […]
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 […]
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 […]
Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights
A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales […]
A Closer Look at Maintenance Court Procedures in South Africa
Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring that dependents, particularly children, are financially supported after a divorce or separation. The maintenance court is a specialised court established under Section 3 […]