PUBLICATIONS

“Summertime, and the livin’ is easy.” (From George Gershwin’s Porgy and Bess) Summertime brings long sunny days, leisurely holidays, family gatherings, and a property market waking up to a new season. It’s a great and exciting time to buy your dream home but be sure to follow these guidelines before you sign anything. Let’s start with you finding the perfect house. It’s in the right area, it’s the ideal size for you, it’s in your price range, you have your finances in place,

"Oh, what a tangled web we weave, when first we practice to deceive!" (Sir Walter Scott) The company that runs Cape Town's V&A Waterfront appointed a chief information officer in October 2015. A year later, a credit check contradicted something she had said at her interview, and the company investigated her employment history. She was dismissed in December 2016 after a disciplinary enquiry, and the company sued her in the Labour Court for its losses. She did not testify or cr

"A promise made is a debt unpaid." (Robert W. Service) During wage negotiations in 2021, a pharmaceutical company told its employees that it intended to stop paying a 13th cheque and replace it with a performance-based bonus. Those who agreed would receive a 5.5% salary increase. Those who refused would not. The company also said its finances were such that it would endure a strike, even a long one, rather than retain the guaranteed 13th cheque. The employees refused. The com

"Good fences make good neighbours." (Proverb) Two neighbours in Thornton, Cape Town, shared a boundary wall. One kept three dogs, including a watchdog named King. On the Day of Reconciliation in 2018, while the owner was out at a birthday breakfast, King bit the man next door on the mouth. Video footage showed that the man was standing in his own yard with his head peering over the wall into his neighbour's yard when King jumped up and bit him. The dog’s owner testified that

After their bond was withdrawn, the buyers were given time to arrange new finance. Instead, one of them emailed the conveyancer saying they would only apply for another bond after the seller repaired an alleged defect or agreed to reduce the price. The seller understood this to mean that the buyers would not proceed on the terms they had already accepted. She cancelled the sale, and the High Court agreed that she was entitled to do so. The buyers lost the sale and the money a

It’s unfortunately all too common a tale. Out of the blue, an older person, rendered vulnerable by age or illness, acquires a new “friend”. Before anyone in the family realises what’s going on, their loved one has died, and the fraudster claims to be sole heir in terms of a last-minute will. No surprise then that our courts must often determine whether a deceased person’s last will was tainted by incapacity, undue influence, fraud, or even forgery. The sad tale of a 90-year-o

Under the current law, it is already illegal to employ someone who is not legally entitled to work in South Africa. This applies to businesses and to households employing foreign domestic workers, nannies or gardeners. A new Bill proposes additional duties and higher penalties for employers, but these changes are not yet law. Employers should therefore comply with the existing law and remain alert to the proposed changes.

Your fingerprint suddenly stops working at the estate gate. You can still get home, but only through the visitors’ lane. Can your homeowners’ association cut off your biometric access because it says you owe levies? A recent High Court judgment says an association cannot use biometric access to enforce an alleged default. The case also confirms that biometric access to your home can be protected as part of your possession of the property.

“One ring to rule them all.” (JRR Tolkien in The Lord of the Rings) When it comes to making sure that you get to choose who inherits what from your estate, there really is only “one will to rule them all,” because our law recognises only one type of testamentary will: your “personal will” or “Last Will and Testament”. But what about all the advice to put in place a whole range of other “wills” as well? Do we really need to have an “offshore will”, a “digital will”, a “busines

“It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.” (Oliver Wendell Holmes Jr) A couple may marry in one country, live in several others, hold different nationalities and eventually settle in South Africa. If the marriage ends, which country’s law governs their financial and property rights? Under South Africa’s old rules, the answer depended on the husband’s domicile at the time of the marriage. Why the old rule

“An ounce of prevention is worth a pound of cure.” (Benjamin Franklin) On New Year’s Day in 2012, the rider was travelling along Airport Road (MR347), between George Airport and Blanco, when his motorcycle struck a pothole approximately 600mm wide. He lost control, collided with a signpost and suffered severe injuries that ultimately required the amputation of his leg. The pothole had existed for several weeks and was difficult to see because its colouring blended with the su

“Good fences make good neighbours.” (Robert Frost) The neighbours, in the affluent suburb of Bakoven, had been locked in an acrimonious dispute for almost two decades when CCTV cameras became the latest point of contention. The cameras installed at one property had a clear line of sight into parts of the neighbouring property, including a courtyard, part of a swimming pool and entertainment area and, according to the neighbour, the interior of a bedroom. The cameras also had

“You do not mend a broken vase by handing over a new one.” (Anonymous) When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never happened. The law calls this restitutio in integrum, and a recent Gauteng High Court decision shows that putting the parties back where they started can be a far more exact exercise than simply reversing the transactio

“The palest ink is better than the best memory.” (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind up the trust? Not so fast. A recent Supreme Court of Appeal decision shows that a founder’s later wishes do not, without a formal amendment, override the terms of the trust deed. In black and white The trust at t

“It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so.” (attributed to Mark Twain) A married couple moved to Australia and rented out their South African family home while they tested the waters Down Under. Years later, once they had decided to remain abroad, they sold the property and gave their tenant notice under a clause that allowed them to cancel the lease on three months' written notice. The tenant argued that the leas

"…the threat of disciplinary action can be held as a sword of Damocles over the heads of employees …" (Supreme Court of Appeal) The Labour Court’s recent reinstatement of a dismissed whistleblower has confirmed that our laws will robustly protect anyone who reports wrongdoing in the workplace. “The Whistleblower’s Act” removes the Sword of Damocles The Protected Disclosures Act (“PDA”) – commonly referred to as the “Whistleblower’s Act” – protects employees, independent contr

“The single biggest problem in communication is the illusion that it has taken place.” (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46,000 and an apparently legitimate grievance, a landlord's eviction application failed because of a problem many people overlook: the cancellation le

“By failing to prepare, you are preparing to fail." (Benjamin Franklin) A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person's ability to manage finances, make legal decisions, sign contracts, or deal with property and investments. For many families, the legal implications only emerge when practical problems arise. A bank account needs accessing, a property needs selling, or financial decisions must be made for someone who can

"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 to you. The speed with which they do so makes you realise there’s something fishy going on. Sure enough, they are brazenly using your confidential knowledge, resources and client relationships against you. A recent High Court decision provides a

“Things do not go away. They go somewhere.” (Annie Dillard) Many trustees assume that a dormant trust can be safely forgotten. No income, no assets, no transactions … No problem. SARS has made it clear that this assumption may be an expensive one. In recent months, SARS has intensified its focus on trust compliance, targeting trusts that have failed to submit annual income tax returns. What many trustees may not realise is that inactivity does not remove a trust's tax obligat