Forming a Trust in South Africa: Which Type Suits You?
What is a trust? The answer may seem obvious, but in practice, many people get confused as to exactly what a trust is and what such a structure is meant for. In this article, we examine the various types of trust recognised under the South African common law, as well as where the Income Tax […]
Legal Distinction Between Private and Public Roads
A private road is defined as one that is not open to the public and is intended for the use of specific individuals, such as the owners or occupiers of the properties it serves. The term “private” inherently excludes public access, as established in Berdur Properties (Pty) Ltd v 76 Commercial Road (Pty) Ltd, where […]
Are Electronic Wills Valid?
We live in an age where agreements are concluded by email, documents are signed electronically, and important records are stored in the cloud. It is therefore not surprising that clients often ask: “Can I sign my will electronically?” or “Is the will saved on my laptop valid?” The short answer is that South African law […]
Should You Step Up? The Reality of Becoming a Trustee
For many property owners in South African sectional title schemes, the Annual General Meeting (AGM) is a routine formality. But when the call for nominations goes out, you might find yourself wondering: Should I become a trustee? It is an act of service that keeps a co-existing community functioning, yet it is far from a […]
Who Is Liable When an AI-driven Vehicle Causes Harm?
As autonomous vehicles (AVs) evolve from concept to real-world use, South Africa faces pressing legal questions: if an AI-driven vehicle causes harm, who bears liability? Under current South African law, liability for road accidents is largely governed by the Road Accident Fund Act 56 of 1996 (the RAF Act). The RAF is a statutory insurance […]
Trusts and Family Wealth
Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship. One structure continues to feature prominently in this conversation: the living […]
When Buying Defective Goods on Credit: A Consumer Victory Explained
Buying goods on credit is part of everyday life for many South Africans, particularly when it comes to big-ticket items like vehicles. But what happens when those goods turn out to be defective? Can a bank or credit provider simply rely on the credit agreement and avoid responsibility? A recent judgment from the Supreme Court […]
When Relationships End, the Lease Doesn’t
It’s an unfortunate reality that separation often affects both your emotions and your finances, especially when the affected couple is bound by a lease. In these situations, landlords and tenants face many risks when the last thing on anyone’s mind is the paperwork that comes with moving on. However, ignoring the admin that goes with […]
Business Rescue vs Liquidation: Which Saves More Value?
Financial distress in business rarely happens overnight. It builds over time as cash flow tightens, creditors apply pressure, and operations become strained by inflation. By the time directors need to make a decision, their options are often limited. The Companies Act 71 of 2008 introduced business rescue as an alternative to liquidation, aimed at preserving […]
How to Register Your Business in South Africa: A Step-by-Step Guide
Registering a business in South Africa is essential to ensure your company operates legally and complies with local regulations. The process can be straightforward if you follow the proper steps. Here’s a guide to help you through the registration process. Step 1: Choose Your Business Structure The first decision you’ll need to make is the […]