Why a Notary? – Part 1
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public. A Notary is a public functionary authorised by the High Court […]
Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]
The ABCs of Lease Agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
What Implications Does a Lien Have on Eviction Proceedings: Part 1.
In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]
The Dos and Don’ts for Landlords Regarding the Rental Housing Act
In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, […]
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA 609 […]
The Perils of Using Chatgpt in The South African Legal Practice
Chat Generative Pre-Trained Transformer (ChatGPT), a powerful language generation model developed by OpenAI, has garnered significant worldwide attention and utilisation across various industries and professions. In South Africa, the legal profession is no exception. However, employing ChatGPT in legal practice comes with its own set of risks and dangers. This article sheds light on the […]
The Truth About Driving Under the Influence
Uncover the truth about driving under the influence (DUI) in South Africa. Learn about the strict laws, legal limits, and severe penalties for offenders. Find out how to estimate your blood-alcohol concentration and make responsible choices for safer roads. This is your guide to prioritising your safety and the safety of others, helping you avoid […]
The Art of Breathing: I Failed the Breathalyser Test in My Workplace. What Now?
For years, breathalyser tests were a primary method to determine whether employees tested positive for alcohol. These results have been used by employers to sanction employees if the tests were positive. But what happens when an employee claims that a positive result on a breathalyser test is incorrect and still gets dismissed? The recent judgment […]