Can You Be Found Not Guilty Before Defence Starts?
The South African criminal justice system is built on the principle that an accused person is innocent until proven guilty. One of the most important procedural tools that gives effect to this principle is the section 174 discharge under the Criminal Procedure Act 51 of 1977 (CPA). It allows an accused person to be released […]
Estate Planning in a Second Marriage: What a Will Alone Cannot Resolve
A second marriage introduces a layer of legal and financial complexity that most couples underestimate. When both parties bring children, assets, and, in many cases, prior divorce settlements into a new union, the standard estate planning question shifts from “who gets what?” to “what does the law say happens first?” The answer depends heavily on […]
Trusts and Family Wealth
Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship. One structure continues to feature prominently in this conversation: the living […]
Paws and Policies: Pet Ownership in Sectional Title Schemes
For the millions of South Africans who call a sectional title unit or gated community home, the question of whether you can keep a pet is far more nuanced than a simple “yes” or “no”. As urban living becomes increasingly dense, the legal landscape governing pets in shared residential spaces continues to evolve, and both […]
Misled by a Property Seller? Know Your Legal Rights
What happens if a seller gives you false information to persuade you to buy a property? South African law offers protection in cases of misrepresentation, even where the contract includes a “voetstoots” clause. Depending on the circumstances, you may be entitled to cancel the sale or claim damages. A recent court decision outlines the rights […]
Are Electronic Wills Valid?
We live in an age where agreements are concluded by email, documents are signed electronically, and important records are stored in the cloud. It is therefore not surprising that clients often ask: “Can I sign my will electronically?” or “Is the will saved on my laptop valid?” The short answer is that South African law […]
Lawyer Arrested for Speeding: Was it a Lawful Arrest?
The social fabric of the South African society continues to be tainted by high crime rates, domestic violence, and gender-based violence. The South African Police Service (“SAPS”) carries a constitutional and statutory responsibility to combat crime and maintain public order. Unfortunately, wrongful arrests remain a persistent problem in South Africa. On numerous occasions, citizens are arrested, detained, humiliated, and exposed to public embarrassment in circumstances where such arrests […]
Evictions in South Africa: What Landlords and Tenants Need to Know
Evicting a tenant or occupier in South Africa is a highly regulated process governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords cannot take the law into their own hands. Let’s unpack the legal steps for a lawful eviction, the rights of unlawful occupiers, and why legal […]
Navigating Your Property Rights Under South Africa’s Expropriation Law
If you own property in South Africa or hold a mortgage bond, the Expropriation Act 13 of 2024 is a piece of legislation you cannot afford to ignore. While the act has sparked intense debate, largely centred on the concept of “nil compensation”, it is important to look beyond the headlines. When viewed through a […]
Small Claims Court vs Magistrate’s Court: Which One’s Right for Your Case?
When a dispute turns serious enough to head to court, one of your first decisions can make all the difference: where to take your case. In South Africa, most civil disputes end up in either the Small Claims Court (SCC) or the Magistrate’s Court. Both are designed to make justice accessible, but they operate very […]