High Court Validates Electronic Will of Late Constitutional Court Justice
In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court in Kimberley has ordered the Master of the High Court to accept an electronically signed will as the valid last will and testament of the late Constitutional Court Justice Mokgoro. Justice Mokgoro, who passed away […]
Possession Is Nine-Tenths of the Law: Understanding Spoliation Law
What is spoliation? Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent and/or without a court order authorising the dispossessor’s actions. Spoliation focuses specifically on a person’s possession, and ownership of the property involved is not considered relevant. Luckily, our law provides a strong remedy, originating […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]
The Impact of Recent Companies Act Amendments on Audit and Review Requirements for Close Corporations
Under the amended legislative framework, members of a close corporation are now required to prepare annual financial statements (AFS) within six months after the financial year-end. This timeline was shortened from the previous nine-month period due to the incorporation of relevant provisions from the Companies Act into the Close Corporations Act 69 of 1984. Section […]
Attorneys vs Advocates – What is the Difference? Part 2
In terms of the Legal Practice Act of 2014, an advocate is “a legal practitioner who is admitted and enrolled as such under this Act”. This means that a person with an LLB degree first needs to be admitted and enrolled before they are considered and allowed to practice as an advocate. The abovementioned legislation […]
Wrongfully Assaulted by the Police: What Options Do You Have?
The South African Police Service has a legal duty to foster an environment of safety and security for all citizens. They carry the fundamental responsibility of protecting the rights of citizens in South Africa. However, many South African citizens suffer physical abuse, violent assaults, and inhumane treatment at the hands of police officials. This article […]
What Role Do Homeowners’ Associations Play in Shared Developments?
Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, the legal framework surrounding HOAs can be complex, involving legislation such as the Sectional Titles Schemes Management Act of 2011. In addition to managing disputes and enforcing rules, HOAs […]
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 […]
Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?
Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts. This means, there are approximately 10 million people who are three months or more behind on debt repayments. This article […]
Sale of Immovable Property from a Deceased Estate
When an executor has been appointed by the Master through the issuance of Letters of Executorship, their primary duty is to finalise the administration of the estate as soon as possible. This includes taking control of the deceased estate assets, selling them if necessary to pay all estate liabilities, administration costs and estate duty (if […]
