Signing a Commercial Lease? Here Are Four Clauses You Should Negotiate First
If you are a business owner or corporate tenant looking at commercial space in South Africa, chances are the landlord handed you a contract filled with dense legalese and framed as “standard”. Here is the truth: there is no such thing as a standard commercial lease. Unlike renting a home, where the Consumer Protection Act […]
Arbitration Clauses in Commercial Contracts: Enforceable or a Trap?
When two businesses sign a contract, they rarely think about what happens if things go wrong. Buried in the boilerplate, an arbitration clause can quietly redirect any future dispute away from the courts and into a private process governed by a different set of rules. Sometimes that works in both parties’ favour. Sometimes it does […]
Evicting a Tenant vs an Unlawful Occupier: What Property Owners Must Know
South African landlords often make one critical mistake: treating every occupier who refuses to leave a property the same. The law clearly distinguishes between a tenant and an unlawful occupier, and confusing the two can derail the entire eviction process. The starting point is simple: does the person have lawful consent or a legal right […]
The Consumer Protection Act Changes the Rules of Voetstoots Sales
The Consumer Protection Act 68 of 2008 (CPA) has significantly curtailed the use of voetstoots clauses in South African law. While these clauses are still recognised in certain contexts, the CPA strengthens consumer rights and places strict limits on when and how liability for defective goods can be excluded. What the Law Says Under South […]
Who Is Liable When a Casual Worker Falls Off Your Roof?
If you hire someone directly to clean gutters, repair a roof, or do similar work at your home, and that person falls and is injured, liability is not always simple. In many cases, the answer depends on whether that person is treated as your employee for legal purposes, whether you complied with compensation law, and […]
High Court Invalidates Will and Declares Daughter Unworthy to Inherit
The North West High Court’s judgment in Lombard v Van Der Merwe, handed down on 24 March 2026, is essential reading for anyone who has a will, is thinking about making one, or stands to inherit under someone else’s. It is a case about an elderly man, a disputed document, and the catastrophic consequences that […]
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 […]