You cannot fight what you cannot see When someone is arrested on a serious charge, the race to prepare a bail application begins immediately. The defence team must construct its case with evidence: a founding affidavit, witness preparation, corroborating documents. This needs to happen very quickly. Yet one of the most important sources of information […]
When family, business and divorce collide In South Africa, trust assets are not automatically included in a divorce. However, where a spouse controls a trust as an alter ego, courts may include its assets in accrual or redistribution claims. In South Africa, businesses are often family-owned, and the family’s wealth is often structured through trusts […]
Understanding the Businesses Act, 1991 and the proposed Business Licensing Bill, 2025 If you run a business or are considering starting one, you need to know that the regulatory framework for business licensing in South Africa is on the brink of significant transformation. For more than three decades, the Businesses Act 71 of 1991 has […]
The hidden architecture of failure in Schedule 6 bail applications Upon arrest, an accused person may apply for bail, which is a sum of money paid to the court that allows the accused to be released from custody until trial. Bail allows them to return home until the trial. By law, everyone has the right […]
When family, property rights and eviction law collide After the death of a property owner, family members may only remain in the home if they have a legal right of occupation. Without such a right, the executor or heir may apply for eviction under the PIE Act, and the court will decide whether it is […]
What happens when a disputed will includes occupation of a property? The death of an elderly family member often brings families together. But it can also cause a dispute that winds up in court. A recent judgment in the Johannesburg High Court illustrates how will disputes can spill over into occupation and eviction disputes, particularly […]
What counts and what employees often misunderstand Many employees approach the Commission for Conciliation, Mediation and Arbitration (CCMA) believing they have been subjected to an unfair labour practice, only to find their dispute falls outside the legal definition. This misunderstanding is common and often results in frustration, unnecessary legal costs, and dismissal of disputes at […]
Landlords must comply with PIE If a landlord terminates a lease, do they have a right to evict the tenant? Not automatically. The High Court recently clarified the evidential and procedural requirements for eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) in the case of […]
Crypto scam recovery in South Africa has become an urgent legal issue as cryptocurrency scams continue to increase, often resulting in severe financial loss for victims. While crypto transactions are difficult to reverse and recovery is never guaranteed, early action can materially improve outcomes. Victims should immediately report the scam to their bank or crypto […]
When can this cause a lease to lapse? Have you recently signed a lease or business agreement? Did it come into effect immediately? Perhaps it did, but it depends on the terms of the contract. Some contracts only become active once certain requirements are met. These are called “suspensive conditions” and, if they are not […]
Let 16 Days of Activism this year be the last you spend in an abusive relationship Abusive relationships take many forms. We have written about the dynamics of abusive relationships and the signs of abuse. Abuse may be physical, emotional/psychological (gaslighting, controlling you), sexual, financial (restricting your access to funds or your ability to work), […]
Know the signs of abuse and don’t be afraid to seek help Two years ago, in observance of 16 Days of Activism for No Violence Against Women and Children, we published a four-part series on leaving an abusive relationship. This year, 2025, in the wake of the recent national quiet protest by women marking the […]
