Category Archives: Articles

The word conveyancing is used to describe the administrative and legal procedures necessary to transfer ownership (and other rights) in immovable property from one person to another. In terms of the laws in South Africa immovable property (vacant land, houses, flats, farms, buildings) can be privately owned. Thousands of property transactions take place in our […]

The enactment of the new Consumer Protection Act No. 68 of 2008 (CPA) introduces some far reaching changes to lease agreements for immovable property. Specifically for ordinary people, the changes affect the maximum duration of a lease agreement and grant the parties certain rights of cancellation. It is important to note that Juristic Persons fall […]

Domestic violence is a sad reality for many families in South Africa Domestic violence is where a person (“the complainant”) is being harmed by another person (“the respondent”) while they are in a domestic relationship. The complainant and the respondent will be considered to be in a domestic relationship if they are: married to each […]

In a much-anticipated Constitutional Court Judgment it has been ruled that new property owners are no longer expected to take responsibility for settling municipal debt incurred by previous owners of the acquired property. The matter stemmed from a litigious battle which challenged the constitutionality of section 118(3) of the Local Government: Municipal Systems Act. Section […]

The Guardian’s Fund falls under the management of the Master of the High Court with each Master administrating their own Fund, in total there are 14 funds across South Africa. The Guardian’s Fund was formed with the purpose of administering funds which are paid to the Master of the High Court on behalf of various […]

South African law recognises the freedom of testation and only a person of age of 16 years and older may make a Will. The condition is that he or she has the mental capacity to appreciate the nature and effect of his or her act. Even though a person has a freedom of making a […]

Mediation and Arbitration are processes used to settle legal disputes. However, not all disputes can be settled through arbitration and mediation, for example: insolvency proceedings; matrimonial causes except settlement of terms of separation; and divorce cannot be referred for arbitration In a case where mediation has failed, the matter can be resolved through arbitration which […]

A Will is one of the most important documents a person has to create in their life time. It represents a person’s last wishes as to what he/she wants to happen to his /her assets after they pass away. In addition it is an act that conveys your wishes providing for the care of your […]

The Litigation process in terms of Civil Disputes and Trial Proceedings What is Litigation? A dispute is a disagreement between two or more people. For example, this disagreement can relate to maintenance after a divorce, the divorce itself or your neighbour disturbing the use and enjoyment of your property. Civil Litigation As an example, we […]

Andrea Buchanan The South African Constitution includes the Bill of Rights, with the aim of protecting all people in South Africa. These include the right to use, enjoyment and disposal of property, the right to education, the right to security, and the right to equality, to name a few. The fundamental rights which are the […]