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Van Zyl Retief

Can Maintenance Be Claimed on Behalf of Adult Dependent Children?

In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended. The court relied on Section 6 of […]

When SARS Says ‘No’, They Must Tell You Why

Taxpayers have the right to obtain reasons for decisions by SARS. When I was about three years old, my mother admonished me not to play with matches, and like the precocious brat I was, I demanded to know “why”. Many a parent, faced with similar demands from their offspring, would be tempted to exert parental […]

PART 1: Advocates vs. Attorneys – What Is the Difference?

When faced with a legal issue or dispute many individuals want to know and understand the difference between an attorney and an advocate. This curiosity is understandable as it may seem like they do the same work. While there are some similarities between these legal practitioners there are also substantial differences. This article will discuss […]

Navigating Property Disputes: A Guide for Owners and Tenants

Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]

Protecting Your Home

Top tips for choosing the right security company. Crime is a pressing concern in South Africa, and securing your home adequately is crucial. A robust security system, backed up by reliable response and maintenance teams, is a strong deterrent against criminal activity. It reduces the likelihood of break-ins, theft, and violent crime, giving you greater […]

How the New Expropriation Act Shapes Land Acquisition in South Africa

President Cyril Ramaphosa recently signed the Expropriation Act into law, replacing a 50-year-old statute and providing a clearer framework for expropriating property in South Africa. This Act, which aligns with Section 25 of the Constitution, outlines how the government can acquire land for public purposes, with an emphasis on fair compensation for property owners. While […]

Protect Your Family’s Assets with Effective Estate Planning

Make sure your assets are managed and distributed according to your wishes. Estate planning is an important step in protecting your family’s future and avoiding any unnecessary complications. Here’s a simple guide to the key steps involved in the process. Define Your Goals Start by outlining what you want to achieve. Whether it’s providing for […]

Property Ownership Transfer and the Abstract Theory

South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as the curator of Mrs Shea’s estate because she […]

Understanding Your Rights at a Roadblock in South Africa

It’s late at night, and you’re driving home when flashing blue lights appear ahead – another roadblock. Your heart races slightly, even though you’ve done nothing wrong. What are the police allowed to do? More importantly, what are your rights? Your Rights When Stopped at a Roadblock Getting pulled over at a roadblock can feel […]

Subdivision and Consolidation of Land

Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have two adjacent properties you’d like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you. Subdivision of your property has many benefits for you as the owner. Subdividing can […]