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 […]
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 […]
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 […]
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 […]
A Closer Look at Maintenance Court Procedures in South Africa
Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring that dependents, particularly children, are financially supported after a divorce or separation. The maintenance court is a specialised court established under Section 3 […]
How to Clear Your Name After a Default Judgment Against You: Rescission of Judgments
Most people only become aware that a default judgment has been granted against them when the sheriff arrives with a warrant of execution or when their credit applications are unexpectedly declined. A default judgment is usually issued when a defendant fails to enter an appearance to defend or does not attend trial, and in the […]
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
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 […]