Category Archives: Articles

Andrea Buchanan A ‘surrogate mother’ is defined in the Children’s Act 38 of 2005 as an adult woman who enters into a surrogate motherhood agreement. Such an agreement is entered into between the surrogate mother and the commissioning parents or parent. The agreement states that the surrogate mother will be artificially fertilised for the purpose […]

Protection of your Personal Information – POPI Protection of information can be looked at from two sides. First, from the perspective of the individual: we are all on someone’s contact list. The result is potentially many text messages or e-mails wanting to sell us something or other. When we receive these we tend to want […]

In order for a surrogacy agreement to be valid it must be made an order of court. This is done by means of an Ex parte application to the High Court. This means that there are no opposing/responding parties. Due to the sensitivity of the matter the parties’ names are not made public. A surrogacy […]

Contracts of a lease or rental agreement nature are reciprocal agreements between two or more parties. This legal contract will bind the Lessor to give the Lessee the temporary use and enjoyment, wholly or in part, of the property, he or she is leasing and the Lessee will, in turn, pay for the use and […]

An ante-nuptial contract (Also called a prenuptial contract) is concluded to ensure the security of the assets that the couple brings to the marriage. That being said, ensuring that it is executed correctly is something that all individuals need to be made aware of. Types of Marriages in South Africa As you may be aware, […]

Medical negligence and malpractice is an act or omission by a health care provider that causes either emotional or physical harm to a patient when he/she deviates from accepted standards of practice in the medical community. Medical malpractice is professional negligence from the doctor or surgeon’s side in their failure to exercise the expected degree […]

The High Court Case of Phepeng and Another v Estate Late Ame Combrinck and Others (2017(4) 266(FB)) provides a good example of how important it is to ensure that an Offer to Purchase is drafted in a professional manner to ensure that the Offer records the terms agreed upon without any room for ambiguity. Clauses […]

Marlise Hoops Why should conveyancing work be reserved for qualified conveyancers? A conveyancer is a duly qualified and admitted attorney who passed an additional Conveyancing exam and was formally admitted as a Conveyancer in the High Court. Therefore he/she has knowledge of the full scope of the law with the result that they can deal […]

Rohan Greyvenstein As from 1 March 2017 S7C of the Taxation Laws Amendment Act will come into effect. There will be some important changes which will come into effect. S7C will apply to any loan, advance or credit provided directly or indirectly to the trust by certain persons. The persons referred to are any natural […]