Blog

May 28, 2024

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 […]
May 28, 2024

Elections 2024: Are Prisoners in South Africa Allowed to Vote?

The right to vote in South Africa carries unique significance in our democracy. It is a right that was withheld from the majority of people in […]
May 28, 2024

Expert Family Law Services: Divorce, Child Maintenance, and Spousal Support

Facing the challenges of divorce, child maintenance, and spousal support can seem daunting, but there’s no need to go through it by yourself. The right expertise […]
May 28, 2024

Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan […]
April 23, 2024

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 […]
April 23, 2024

2024’s top risks for corporate leaders

In 2024, corporate leaders in South Africa and around the world are facing more legal challenges than ever before. As the business environment becomes more complex, […]
April 23, 2024

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. […]
April 23, 2024

The intent to revoke a last will and testament

The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire […]
March 27, 2024

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 […]
March 27, 2024

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 […]
March 27, 2024

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 […]
March 27, 2024

Estate Planning: Preparing for the digital afterlife

The emergence of digital ghosts on social media Social media platforms have become integral to our daily lives, but what happens to these digital profiles when […]
February 27, 2024

The requirements for a registered office of a company

One aspect that is often not considered in great detail during the formation and registration of a juristic person in South Africa is its registered office, […]
February 27, 2024

Factors that influence the value of your home

When determining the value of your property, it’s often a challenge to remain objective due to the emotional and financial attachment you have to your home. […]
February 27, 2024

Why a Notary? – Part 1

Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one […]
February 27, 2024

Navigating antenuptial agreements in South Africa: Your questions answered

Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the […]
January 22, 2024

Beware of tax-related scams

Over the past five years, the SAFPS has seen a steady increase in the number of tax-related scams. Improved efficiency To improve efficiency when it comes […]
January 22, 2024

Does my maiden name automatically change if I get married in South Africa?

Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to […]
January 22, 2024

Understanding mortgage bond cancellation: Key steps and considerations

In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This […]
January 22, 2024

Understanding medical aid benefits in South Africa

Understanding and effectively managing your medical aid benefits is a crucial aspect of healthcare planning in South Africa. The diverse and complex healthcare system of the […]
November 29, 2023

Compliance certificates required when selling a property

There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates […]
November 29, 2023

Is a seller held liable to repair a leaking roof after the property is sold?

The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and […]
November 29, 2023

Hey, Generation Y and Generation Z!

Do you think you can retire comfortably? Millions of South Africans rely on the money saved in their employers’ retirement fund to earn an income when […]
November 29, 2023

Smart budgeting tips to make the most of your income

Have you ever found yourself puzzled by your bank statement, wondering where all your money went? Those daily coffees and occasional treats can add up faster […]
November 27, 2023

Should sellers provide approved building plans when selling property?

The simple answer is no. However, the National Building Regulations and Building Standards Act mandates that local authorities approve building plans for the construction, alteration, or […]
November 27, 2023

Your PAYE obligations as an employer

As an employer, it is your responsibility to withhold tax from your employees’ salaries and remit it to SARS. Employee tax is a key component of […]
November 27, 2023

What to do after discovering fraud in your business

Anyone who’s ever had the misfortune to fall prey to credit card fraud, knows that it’s a huge hassle. If you’re running a business, you should […]
November 27, 2023

When your tenant ‘Does a Duck’

Tips for landlords when their tenant does a disappearing act Everyone who has let out property knows that sickening feeling when you find out that your […]
October 20, 2023

Avoid the long-term implications of skipping a bond repayment

Are you feeling the financial pinch? You’re not alone. Many South Africans are finding it increasingly difficult to meet their credit obligations. The cost of living […]
October 20, 2023

Can you change your marital regime after marriage?

A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital […]
October 20, 2023

Factors to consider before negotiating your home loan’s interest rate

As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike […]
October 20, 2023

When SARS requests supporting documents

E-filing doesn’t allow ‘secured’ or password-protected documents to be uploaded—but there is a solution FOLLOWING SARS Commissioner Edward Kieswetter’s announcement that he intends to rebuild SARS’ […]
September 22, 2023

Avoid the Long-Term Implications of Skipping a Bond Repayment

Are you feeling the financial pinch? You’re not alone. Many South Africans are finding it increasingly difficult to meet their credit obligations. The cost of living […]
September 22, 2023

Estate Planning in South Africa: Essential Questions Answered

Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a will, assigning assets to beneficiaries, and understanding […]
September 22, 2023

The ABCs of Lease Agreements in South Africa

Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear […]
September 21, 2023

Harnessing Technology to Amplify Efficiency

In a world where adaptability is the key to survival and prosperity, organisations across various industries are striving to stay ahead of the curve. Economic and […]
August 25, 2023

Securing your business’s future: FICA Compliance in South Africa made simple

To thrive in South Africa’s ever-changing economic landscape, it is crucial to have a thorough understanding of your regulatory responsibilities, including compliance with the Financial Intelligence […]
August 25, 2023

Deciphering the dilemma: To sell or not to sell your property amid financial strain

Given the current economic climate, many homeowners in South Africa might find themselves facing the challenge of keeping up with their monthly bond repayments. In such […]
August 25, 2023

Can my employer refuse to accept my medical certificate?

The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their […]
August 25, 2023

Exercise of rights and obligations under a praedial servitude

A servitude is a limited real right which entitles its holder either to the use and enjoyment of another person’s property or to insist that such […]
July 25, 2023

Is your business covered for loss of income?

It’s all well and good being paid out for your assets, but what about the foregone earnings in the meantime? Small business owners who have a […]
July 25, 2023

IRP5 not uploaded? Expect significant delays

When an employer’s failure to upload an IRP5 brings SARS to a grinding halt. One of my clients has recently retired and like all retirees, they […]
July 25, 2023

Starting a business in South Africa: Legal requirements and the Companies Act

Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be […]
June 20, 2023

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to […]
June 20, 2023

Lenders of money are not all ‘money lenders’

In many groups of companies, intra-group loans make sense as a way of funding the operations of the group. If the funds are sourced from outside […]
June 20, 2023

How a data-driven culture can transform your business

In today’s digital era, data has become an essential resource for businesses to grow and thrive in a competitive market. But not all companies are taking […]
May 17, 2023

Precautionary suspension of an employee- What are the requirements?

The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The […]
May 17, 2023

Rate hikes: Are buyers over-reacting?

Historically, interest rate hikes have had a dampening effect on the South African residential property market, with homeowners reassessing their affordability in anticipation of higher monthly […]
May 17, 2023

The creation methods of servitudes in South Africa

A servitude can be described as a limited real right that can either provide the holder with the use and enjoyment of another person’s property or […]
May 17, 2023

How to object to your income tax assessment

You and SARS are entitled to have a difference of opinion. This article, which was originally published in the May 2014 issue of Tax Breaks, has […]
April 20, 2023

Disclose your defaults before SARS finds them!

A grim warning for South African taxpayers. Long gone are the days when tax fraudsters could run circles around SARS, which has intensified its efforts to […]
April 20, 2023

Will solar power increase the value of your home?

The upfront investment is high, which you’ll want to recover when you sell. Stage 6 loadshedding is now firmly in effect, many South Africans are without […]
April 20, 2023

How to obtain a home loan: Things to consider before you apply

With most of the major interest rate hikes now out of the way, 2023 is set to provide a more stable environment for financially savvy, would-be […]
April 20, 2023

Finding someone to step into your shoes: Succession planning for your business

The Eskom crisis demonstrates again the importance of proper succession planning IoDSA. The current crisis at Eskom has a number of governance lessons for South Africa […]
February 28, 2023

Deducting bond interest when using an access bond facility

You can use a loan re-advance against your house to purchase a rental property, and get the interest allowed as a tax deduction – it just […]
February 28, 2023

Nuisance: the requirements, remedies and defences

Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and […]
February 28, 2023

Why Your Business Should Place an Emphasis on Building Relationships

Every business in the world sells something. They sell goods or services in order to address a need or desire of a consumer, and to achieve a profit in the process (at the very least […]
February 28, 2023

Having ‘skin’ in the property game

Bigger deposits mean a smaller loan and a better interest rate. Rising inflation and several interest rate hikes have many South Africans trying their best to […]
January 20, 2023

Tax compliance lives beyond death

A deceased estate takes on a (tax) life of its own while being wound up I started my first job back in September 1987 at the […]
January 20, 2023

Signing an antenuptial contract before getting married does not mean you are anticipating divorce

Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the […]
January 20, 2023

Fraud: Remedies available to defrauded parties

Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the […]
January 20, 2023

Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944

Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates […]
January 24, 2022

How do I register a trust?

A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your […]
January 24, 2022

Personal servitudes and it’s effect on transfer duty

According to reports, given current low interest rates, there have been an uptick in property transactions. Therefore, it is worthwhile considering the potential impact of any transfer duty taxes to […]
January 24, 2022

Thinking of buying your first property?

The question of whether renting or buying is the best is almost always in circulation in the real estate industry. While one is affordable in the short term, […]
January 24, 2022

Can I claim interim relief pending my divorce suit?

Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties […]
January 20, 2022

Het Afrikaans nog ’n plek in besigheid?

Globalisering is ’n onvermybare nagevolg van ’n tegnologiese-gedrewe wêreld waar die beperkings van tyd en plek minder en minder begin saak maak. Dit wil voorkom dat die wêreldwye […]
January 20, 2022

The current state of the rental market

While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, nevermind lockdown regulations and social distancing protocols, the real […]
January 20, 2022

The rising popularity of sectional title ownership

Sectional titles have become a staple in the real estate industry over the past decades. And with all the benefits that come with it, it makes sense. Heightened security, lower insurance […]
December 10, 2021

Resigning with immediate effect, or not?

Employees often consider to immediately terminate their employment relationship due to a new opportunity arising or to avoid responsibility when faced with disciplinary procedures. Employment relationships are governed by an […]
December 10, 2021

The ups and downs of property co-ownership

Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items that most people have […]
December 10, 2021

Suretyship agreements: What are they and what are the requirements

A deed of suretyship is an agreement that is concluded by a creditor and a third party. The essentialia of this type of agreement are that […]
November 17, 2021

Deceased’s will declared invalid, despite clear wishes

The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed and witnessed. […]
November 17, 2021

Preparing your budget for your dream home

Purchasing a new home is undoubtedly an exciting decision, but it is also an extremely emotional one. A home is where family traditions are brought to […]
November 17, 2021

Getting technical with disciplinary hearings

When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As […]
November 17, 2021

Can SARS correct my assessment?

A taxpayer who is aggrieved by an assessment or decision of SARS against that taxpayer has the right to dispute that assessment or decision. If an […]
October 13, 2021

How to save your business with better cash flow management

Are you sitting down? Let us share a frightening statistic with you. In a report published by FinFind in November 2020, it was found that 42.7% of small businesses in South […]
October 13, 2021

Owner or keeper of dog – who is liable for the harm caused by animals?

This issue was recently dealt with in length in the SCA matter of Van Meyeren v Cloete (636/2019 [2020] ZASCA 100 (11 September 2020), where the focus of the SCA […]
October 13, 2021

Central living: The real estate solution you’ve been waiting for

Even before the pandemic changed the way we see our home and work environments, with many finding for the first time that these two could be the same […]
October 13, 2021

Do you have cause for action for unjustified enrichment?

South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. […]
September 6, 2021

Ignoring a court order because the court is wrong

When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court may cause a court to hold you […]
September 6, 2021

Ensure that your home is insured

Home insurance is there to protect one of the most important assets you own. And when done properly, it will allow you to insure both the structure of your home and the […]
September 6, 2021

Is it time to downsize?

Property ownership in today’s economy is no small feat. But even when you’ve worked most of your adult life towards buying the family home of your dreams, the possibility of downsizing should never be discounted. Whether you’re looking at lowering the […]
September 6, 2021

The traditional office is dying, what’s next?

Let’s face it, in a post-pandemic world, the traditional office is in danger. Commuting hours to work just to go sit at a desk with, relatively speaking, a bunch of other strangers breathing the same air no […]
August 11, 2021

Conflicts of interest in the execution of an estate

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance […]
August 11, 2021

Do I still need to pay my debt after all this time?

What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing […]
August 11, 2021

How to minimise your business’s risk of internal crime

Every now and then a new news story is published of an employee who steals a great sum of money from the company they work for. Most […]
August 11, 2021

The POPI Act is finally in full effect – Are you ready

The Protection of Personal Information (POPI) Act came into full effect on the 1st of July 2021. If you still haven’t implemented your POPI compliance strategy, it is strongly advisable […]
June 21, 2021

Are your efforts to gain customers making you lose them?

There is a little tip to the success of every business that many people disregard: Customers are vital to the success of your business. Of course, you knew that already. […]
June 21, 2021

Make the property transfer easy by picking the right conveyancer

Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally follows that you need to ensure that you don’t […]
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