PUBLICATIONS

"Good rules make good neighbours." (Old proverb, updated) The many benefits of living in a residential complex come, naturally enough, with obligations as well as rights. With its innate potential for conflict between competing rights, community living requires a fine balancing act between the individual rights of owners and residents, and the rights of the community as a whole. Good rules make good neighbours Which is of course where a complex’s rules and regulations come in

"To avoid criticism, do nothing, say nothing, be nothing." (Elbert Hubbard) An unpleasant boss. A strained working relationship. A manager whose style leaves much to be desired. Sound familiar? For many employees, the line between a miserable workplace and an unlawful one is frustratingly blurry. A 2023 Labour Court judgment helps draw that line more clearly. And the verdict may surprise some employees who’ve been banking on a harassment claim. A senior official takes her emp

"The big print giveth and the fine print taketh away." (Tom Waits) You have almost certainly signed a disclaimer at some point. A waiver before a trail run, an indemnity form before a bungee jump, a clause buried in a brochure. Businesses rely on these documents to limit their exposure when things go wrong. A 2026 Supreme Court of Appeal judgment is a sharp reminder that a disclaimer is only as good as the process behind it, and that courts will not lightly allow a company to

“One of the greatest disservices you can do a man is to lend him money that he can’t pay back.” (Jesse H. Jones, entrepreneur) A recent High Court decision provides yet another cautionary tale for lenders. The stakes are high: get this wrong, and you could lose everything. Two big risks for lenders Before you lend, be aware of two major risks that you need to manage. Both are imposed by the National Credit Act (NCA): Not registering as a credit provider: If you lend money wit

"It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” (English novelist Anthony Trollope) With interest and home loan rates at their lowest since 2022, it’s no surprise that South Africa’s property market confidence level at the end of 2025 was sitting at a record high of 87%. That will have been boosted by the country’s positive economic outlook following Budget 2026, and by Budget 2026’s 50% increase in th

“Knowledge is power.” (Sir Francis Bacon) Being a company director carries not only rewards but also risks that you need to manage carefully. In particular, you are held by the Companies Act to a high standard of conduct. Breaching any of your many duties and responsibilities can have significant negative consequences. Among these is being declared a “delinquent director”. That’s no small thing… It’s a serious long term career risk Serious categories of misconduct expose dire

“The only man who sticks closer to you in adversity than a friend is a creditor.” (Evan Esar) Body corporates face a familiar problem. Owners fall into arrears. Levies go unpaid. Legal costs mount. The temptation is to reach for the most forceful remedy available. Sequestration may seem like that remedy. If an owner will not pay, why not have them declared insolvent? A recent Gauteng High Court judgment offers a clear warning. A body corporate sought the sequestration of a un

“Legacy is not leaving something for people. It’s leaving something in people.” (Peter Strople, former Dell Computer Corporation director) Leave a personal legacy, not just a financial one We all know how important it is to our loved ones that we leave behind a valid will rooted in a comprehensive estate plan, but our legacy should go a lot further than just distributing assets. Sharing with your heirs your values, your family history, and the wisdom your years have granted y

“We are also proposing additional tax measures to ease the financial burden on households and businesses, by adjusting personal income tax brackets and rebates fully in line with inflation.” (Minister of Finance Enoch Godongwana) How much will I save if I sell my house? A big highlight for property sellers and buyers is that, having remained unchanged since 2012, the primary residence exclusion for Capital Gains Tax has been increased from R2 million to R3 million. In addit

“Lemon law, noun – a law that states that you can return a motor vehicle to get it repaired or your money back if the vehicle is no good.” (Oxford Learner’s Dictionaries) The car you just bought on instalment sale turns out to be a complete lemon. But when you return it to the dealership and cancel the sale, the bank still enforces the finance agreement and sues you for damages. “Sorry to hear about the defects,” says the bank. “But that’s not our problem. We weren’t the supp

“Fraud unravels property transactions even where innocent third parties are involved.” (Extract from judgment) Congratulations, you’re the proud new owner of your dream home! Your name’s on the title deeds, and your ownership is registered in the Deeds Office. That’s conclusive proof that the house is yours, right? Regrettably, this isn’t always the case… Although registration is usually proof of ownership, there are exceptions. One exception is fraud. And a recent High Court

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2026 by 5% from R28,79 per hour to R30,23 per hour. Domestic workers: Assuming a work month of 22 days x 8 hours per day, R30,23 per hour equates to R241,84 per day or R5320,48 per month. Of course, this is just the bare legal minimum. The Living Wage calculator will help you check whether you are actually paying enough to cover a household’s “minimal need” (adjust the “Assumptio

“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, dispute, and litigation. A recent High Court fight between an estr

“You know you’re winning when you’re being copied.” (Robin Sharma, author of The Monk Who Sold His Ferrari) Whether your business is brand new or well established, you need to protect your trading, product and service names from being unlawfully copied. Often your names (and associated logos and other branding) are essential elements in your business’ goodwill and profitability. It can be disastrous if competitors adopt similar branding in order to confuse customers and diver

“Wouldn’t it be nice to get on with me neighbours?” (from “Lazy Sunday” by Small Faces) Maintaining friendly relations with the neighbours, or at least an “I’ll ignore you if you ignore me” sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling ancestors were as keen to get on with the Joneses next door as they were to keep up with them. But as we all know, it’s not always easy. A recent High Court fight o

“Sexual harassment is the most heinous conduct that plagues the workplace.” (Extract from the judgment below) Our courts have no tolerance for sexual harassment in the workplace, stressing that, at its core, it is concerned with power dynamics at work. A recent Labour Court decision has confirmed that in assessing whether or not an employee is guilty of such harassment, it is the victim’s perspective that must lie at the heart of the enquiry. Victims will take heart from this

“My New Year’s resolution is to stop procrastinating. I’ll start tomorrow.” (Anonymous) Most New Year’s resolutions are vague, unwritten, and destined to be forgotten in the first week of January’s hustle and bustle. But please don’t neglect this Top Ten list of legal issues that we’ve put together for you. Focus on those that are important to you, taking a few minutes to write down exactly what action you’ll take under each heading. Then set and diarise realistic deadlines t

“With a verbal agreement you have nothing but air.” (Author and entrepreneur Robert Ringer) 2026 opens with positive signals for our property market after last year’s encouraging GDP forecasts, a credit-rating upgrade, and a series of interest rate cuts boosting access to bond finance. All the signs point to a promising year for buyers, sellers, and homeowners. But a recent Supreme Court of Appeal (SCA) judgment is a sharp reminder that getting the legalities wrong, and in pa

“Let's choose executors and talk of wills.” (William Shakespeare in Richard II) You may have read one of the many online articles about an electronic will being validated recently by the High Court. Don’t be misled into thinking that electronic wills are now valid as a matter of course – they most certainly are not. Unless and until our Wills Act is updated to say otherwise, not leaving a written and signed will complying with all the Act’s formalities exposes your grieving l

“For what is wedlock forced but a hell, An age of discord and continual strife?” (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of Shakespeare’s “discord and continual strife”, yet too scared to consider divorce because of the costs. An uncontested divorce in which you agree on everything need not cost much, but it’s a very different story if you know that your spouse will fight you to the