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 in the importance of getting the basics right.
See MoreDementia in the Family? Here Are Your Legal Options
A dementia diagnosis affects far more than memory. As mental capacity declines, families are often confronted with difficult legal and financial decisions. Many are surprised to learn that a Power of Attorney may no longer be valid. Understanding the alternatives can help protect a loved one's affairs before a crisis develops. Read on for the low-down.
See MoreHow to Protect Your Company from Unlawful Springboarding
“All’s fair in love and war, but not in business.” (Modern twist on the old proverb) Your business is flying after years of hard work and personal sacrifice. Suddenly, your most trusted employees resign and set up in direct opposition […]
See MoreYour Dormant Trust Is Not Invisible to SARS
Trusts remain a valuable estate planning and asset protection tool, but they also carry ongoing compliance obligations. Many trustees assume that a dormant trust with no income, assets, or activity can simply be left alone. SARS has made it clear that inactivity does not remove a trust's compliance obligations. With penalties now being imposed for outstanding trust returns, dormant trusts may be attracting more attention than their trustees realise.
See MoreDodgy Deck: When a Property Defect is Your Problem, Not the Seller’s
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not […]
See MoreYour Property Purchase Collapses: Can You Get Your Deposit Back?
“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly […]
See MoreMarried Out of Community of Property? You May Still Be Entitled to a Share
Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours. Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses married out of community of property without accrual, particularly where strict enforcement of an antenuptial contract would produce unfair financial consequences at divorce. A 2025 KwaZulu-Natal High Court judgment shows what the redistribution remedy can deliver in practice.
See MoreBuying a House: What Costs Will You Pay, and When?
It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on? We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.
See MoreDirector Delinquency Declarations: Managing Your Risk
The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level. We’ll end by sharing some thoughts on how you can manage those risks.
See MoreConsidering Using Sequestration to Recover Levies? Think Again
Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.
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