Municipal Liability and Trip Hazards: Schaefer v City of Cape Town
The Western Cape High Court’s decision in Schaefer v City of Cape Town [2025] ZAWCHC 46 reaffirms the limits of municipal liability in slip-and-trip cases. The judgment examined wrongfulness, negligence, contributory negligence, and policy considerations, ultimately dismissing a damages claim brought after the plaintiff tripped on a raised paving brick. The court held that the […]
Township Property: An Untapped Market?
Much has been written about the residential property markets in South Africa’s iconic cities: Johannesburg, Cape Town, and Durban. But what of the largest townships in or adjacent to each of these cities: Soweto, Umlazi, and Khayelitsha? While the glossy brochures and media headlines often focus on city skylines and prime real estate, there’s a […]
Your Will is Set, But Who is in Charge? A Guide to the Executor of Your Estate
Completing your last will and testament is one of the most responsible steps you can take to protect your loved ones. It provides clarity, minimises conflict, and ensures your assets are distributed according to your wishes. However, a will is only as effective as the person tasked with carrying it out. This crucial role is […]
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 […]
Recognising Intimate Relationships: Civil Union Act and the Marriage Act
Within the South African context, our legal framework for recognising intimate relationships is unique. Our legislative framework offers various legislative pathways for couples to formalise their unions. The two most prominent Acts are the Marriage Act, 1961 (Act 25 of 1961) and the Civil Union Act, 2006 (Act 17 of 2006). Both Acts, while governing […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]
Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Subdivision and Consolidation of Land
Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have two adjacent properties you’d like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you. Subdivision of your property has many benefits for you as the owner. Subdividing can […]
Airbnb and Sectional Title Regulations
Navigating the rules and regulations for short-term letting With short-term letting and (more specifically) Airbnbs ramping up in South Africa, disgruntled owners and tenants are voicing their concerns when it comes to short-term letting properties contained in complexes, estates, and apartment blocks. While freehold property owners can act freely, sectional title property owners are bound […]