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May 26, 2022

Wills, Estates and Trusts: Intestate Succession – What Does it Mean to Die Without a Will?

THE INTESTATE SUCCESSION ACT NO. 81 OF 1987 The Intestate Succession Act No. 81 of 1987 (“the Act”) came into operation on 18 March 1988. The purpose of the Act […]
May 26, 2022

Property Law: FLISP – How to Obtain a Housing Subsidy if You Are a First-time Homebuyer

What is FLISP? FLISP (Finance Linked Individual Subsidy Programme) is an initiative developed by the Department of Human Settlements to facilitate affordable home ownership for South African citizens who are […]
May 26, 2022

IT/IP Law: Has Your Business Contemplated the Risks of Using Open Source Software (OSS)?

Open Source Software (“OSS”) is an area of computer science with a rather rich history. OSS has been a part of the computer landscape for a long time however, its […]
May 26, 2022

Family Law: Landmark Judgement on the Divorce Act Provides Hope for Divorcees Married Out of Community of Property Without the Accrual System

On 11 May 2022, the Gauteng High Court delivered a landmark judgment in the case of Greyling v Minister of Home Affairs and others, which has declared Section 7(3)(a) of […]
May 4, 2022

SCA judgment bringing an end to the ongoing battle between business interruption insurance policy payouts and COVID-19 claims

On Thursday, 08 October 2021, the Supreme Court of Appeal (‘SCA’) dismissed Santam’s appeal on the relevant business interruption indemnity period for Ma-Afrika Hotels and Stellenbosch Kitchen (‘insured’). The result […]
May 4, 2022

Islamic marriage law in South Africa and what it would mean for married couples if the muslim marriages bill is passed

If the Muslim Marriages Bill is passed and becomes enforceable legislation under South African law, it will address inequalities regarding the recognition of Muslim Marriages. The South African democracy is […]
May 4, 2022

Constitutional court rules that life partners qualify as spouses for intestate succession

The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in so far as it […]
May 4, 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 […]
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 […]
April 11, 2022

Competition Law: The South African Competition Commission Launches a Fresh Produce Market Inquiry

The South African Competition Commission has launched a public inquiry into the conduct of participants in the fresh produce sector. The investigation will entail an examination into whether there are […]
March 7, 2016

Starting a business? The “flying solo” option

“A lot of people have ideas, but there are few who decide to do something about them now. Not tomorrow. Not next week. But today. The true entrepreneur is a […]
June 15, 2017

How to freeze your dodging debtor’s assets

“Pyrrhic victory”, n.  A victory gained at such great cost that it is actually a defeat Joe Debtor owes you a fortune but does everything he can to frustrate your […]
August 21, 2017

Estates & Trusts: Will your ANC protect trust assets?

A recent Supreme Court of Appeal (SCA) decision illustrates once again how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with […]
September 17, 2019

Wills, Estates & Trusts: How to Deregister or Terminate a Trust

There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a trust can never be […]
March 16, 2021

Wills, Estates & Trusts: Be Prepared for the Cost of Dying

No one wants to contemplate their own passing, but the reality is that sooner or later it is inevitable, and particularly in these dangerous times we need always to be […]