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 […]
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 […]
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 […]
Divorce and Pensions
Navigating recent legislative changes When couples divorce, the division of assets can become a complex matter, particularly where retirement savings are involved. For financial advisors, understanding how marital property regimes and legislation intersect is critical to supporting clients. Recent legal updates, effective from 1 September 2024, have aligned the definition of ‘pension interest’ across fund […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]
Attorneys v Advocates – What is the Difference? Part 2
In terms of the Legal Practice Act of 2014, an advocate is “a legal practitioner who is admitted and enrolled as such under this Act”. This means that a person with an LLB degree first needs to be admitted and enrolled before they are considered and allowed to practice as an advocate. The abovementioned legislation […]
Property Ownership Transfer and the Abstract Theory
South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as the curator of Mrs Shea’s estate because she […]
Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights
A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales […]
Addressing Minority Shareholder Oppression: Effective Remedies
Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Memorandums of Incorporation (MOIs) typically require a 75% majority vote for special resolutions to pass, regardless of your dissent. This scenario can lead to feelings of oppression and unfair prejudice. The word oppressed was derived from the […]