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July 5, 2024

Can You Sign an Affidavit Over Zoom?

“These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could […]
July 5, 2024

Possible disputes which may arise from Conveyancing matters

Transferring property in South Africa involves a meticulous process governed by various laws and regulations. Whether you are buying or selling, understanding your rights and obligations is essential to ensure […]
July 5, 2024

To Mediate or Litigate – Finding a Resolution to Business Disputes

Introduction In the world of business, a complex and intricate ecosystem characterised by the need for effective communication, collaboration and problem-solving, disputes are inevitable. The nature of such disputes may […]
July 5, 2024

How Intellectual Property Is Fueling The Renewable Energy Boom

The world’s shift towards renewable energy sources relies heavily on cutting-edge technology and a global commitment to sustainability. As this transition accelerates, intellectual property (IP) rights become a cornerstone for […]
June 10, 2024

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent […]
June 10, 2024

Contracting with Trusts – Is a Majority Resolution Valid?

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract […]
June 10, 2024

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling […]
May 2, 2024

In the Land of the Will, Clarity is King

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound […]
May 2, 2024

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and […]
May 2, 2024

Rising Damp and Failed Waterproofing: How to Sue the Sellers

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also […]
July 5, 2024

To Mediate or Litigate – Finding a Resolution to Business Disputes

Introduction In the world of business, a complex and intricate ecosystem characterised by the need for effective communication, collaboration and problem-solving, disputes are inevitable. The nature of such disputes may […]
April 13, 2022

Appeal: Yes, No, Maybe.

As one contemplates on the doctrine of mootness, several questions arise. What is considered a moot point, a moot issue or moot relief? What is the legal and practical implications […]
August 12, 2021

Dispute Resolution: Defamation – What are the Requirements?

The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus […]
July 29, 2021

Dispute Resolution: Defamation: What Are The Requirements?

The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus […]
June 24, 2021

Dispute Resolution: Mediation as a Dispute Resolution Mechanism

The much-awaited High Court Rule 41A regarding mediation as a dispute resolution mechanism came into operation on 09 March 2020. The rule came against a backdrop of costly litigation, a […]
June 24, 2021

Dispute Resolution: Legal Victory for Black Women Against Remnants of Discriminatory Legislation

On 17 April 2021, the Constitutional Court, in a unanimous judgment in the case of Sithole and Another v Sithole and Another (CCT 23/20) [2021] ZACC 7 (“Sithole”) , upheld […]
October 1, 2019

Dispute Resolution Law: “Accident” Does Not Mean No One Is to Blame

Duties of a reasonable driver: Among the duties of a motorist are: to keep a proper look-out, drive at a reasonable speed, observe the rule of the road (keep to […]
June 25, 2019

Dispute Resolution Law: When Does A Foreign System Of Law Apply?

It is a requirement in the South African Law of Contract that, for a contract to come into existence, an offer to contract must be made by one party to […]
April 3, 2018

Mediation and Arbitration: Am I prejudiced by an arbitration clause?

Contracts for the building of a house or providing for substantial alterations to a house commonly contain an arbitration clause.  This article looks at the advantages of resolving disputes relating […]
May 11, 2017

Landlords vs tenants: Who pays for unauthorised repairs?

You rent a house and the geyser packs in or the pool starts leaking. The landlord ignores your pleas to fix the problem – or outright refuses to do so. Can […]