Recent News
Safety Requirements for Retailers
Retailers have a legal duty to take reasonable steps to keep lawful shoppers safe. We consider liability for slip-and-fall injuries and the limits of disclaimer notices.
When Can a CCMA Commissioner Correct an Earlier Jurisdictional Ruling?
When can a CCMA commissioner correct a jurisdictional ruling? Ntombela clarifies when functus officio does not apply.
When Is a Restraint of Trade Reasonable?
A recent Labour Court judgment illustrates when a restraint of trade may be unreasonable and why employers must carefully consider its scope, the interests requiring protection and any undertakings offered by a departing employee.
A Landmark Victory for Cross-Border Marriages: The End of the Husband’s Domicile Rule in South African Marriage Law
The Western Cape High Court has abolished the outdated husband’s domicile rule for cross-border marriages, replacing it with a gender-neutral framework that promotes equality, dignity and legal certainty for international couples.
Enter At Your Own Risk – Disclaimer Notices and Exclusion of Liability
“Enter At Your Own Risk” signs do not provide unlimited legal protection. Learn when disclaimer notices are enforceable and how the Consumer Protection Act limits liability.
Understanding Unlawful Arrests in South Africa and Your Legal Remedies
An unlawful arrest can have lasting emotional, financial and reputational consequences. Learn when an arrest is unlawful, your constitutional rights, and the legal remedies available to claim compensation.
When Rights are Under Threat: The Role of Interdicts in South Africa
Interdicts are powerful legal remedies used to protect rights and prevent unlawful conduct. Understanding the requirements for interim and final interdicts can help individuals and businesses act before irreparable harm occurs.
Jurisdiction to Entertain an Unfair Labour Practice (Warning) During an Unfair Dismissal Dispute in South African Labour Law
The Labour Court confirms that unchallenged final written warnings cannot ordinarily be revisited during unfair dismissal proceedings.
The Importance of a Validly Executed Last Will and Testament
A recent court judgment highlights why strict compliance with will execution requirements remains essential to ensure your final wishes are legally recognised.
The Scope of a Voetstoots Clause: Does the Absence of Statutory Approval Constitute a Latent Defect Thus Covered Under the Voetstoots Clause?
A closer look at voetstoots clauses – when sellers are protected, and how latent defects and missing approvals affect liability.
Municipal Liability: Trip Hazards and Public Safety
A recent High Court ruling clarifies when municipalities are liable for trip-and-fall injuries – highlighting negligence, foreseeability, and public responsibility.
When Is an Application Truly Urgent? A Practical Guide for South African Litigants
A practical guide to urgent applications in South Africa – what qualifies as urgency, key legal requirements, and common pitfalls to avoid.
Rental Housing Tribunal and Spoliation Orders in South Africa
Understand how the Rental Housing Tribunal can issue spoliation orders, protect tenants, and why landlords must avoid unlawful self-help.
Maintaining Adult Children in South Africa: Legal Principles & Court Considerations
South African law recognises that parents may have to maintain adult children who remain financially dependent. Courts assess dependency, needs and parental means.
When is a Workplace Dispute an “Unfair Labour Practice”?
A High Court case explores when workplace disputes must rely on the LRA – and when employees may turn directly to constitutional rights.
Evictions and Lease Cancellation: Why Getting the Process Right Matters
A recent High Court judgment confirms that eviction proceedings cannot succeed unless a lease is lawfully cancelled first, even where rental arrears are undisputed.
Statutory Prescription vs Time Bar Period in Short Term Insurance Policies: Which One Prevails?
Time bar clauses in short-term insurance policies can override statutory prescription. This article explains which prevails and what courts say.
When Life Changes, Must Your Court Order? Understanding the Variation Process
Court orders are not set in stone, but variation is not automatic. This article explains when changes are allowed and how courts assess applications.
Municipalities’ Duties During Eviction Proceedings
Eviction proceedings involve more than landlords and occupiers. Municipalities have constitutional duties to assist courts, especially where vulnerable occupiers risk homelessness.
Facing an Immigration Ban in South Africa? Here’s What You Need to Know
Non-compliance with South African immigration laws can lead to bans, prohibited status, or undesirability. Learn how upliftments and waivers can help restore your legal standing.
The Importance of FICA: Why FICA Compliance Matters for Businesses and Individuals
FICA compliance protects SA’s financial system by preventing financial crime, safeguarding businesses, individuals and the economy.
Security for Costs in South African Litigation
Security for costs protects defendants from unrecoverable expenses while ensuring fair access to South African courts.
Understanding Jurisdiction and Retrospective Law in South African Labour Law
South African labour rights evolve through key court rulings, shaping fairness, finality, and the role of the Labour Relations Act in employment law.
Landmark Ruling on Sharing of Maternity Leave with Fathers
Constitutional Court ruling grants South African parents equal rights to share four months of parental leave under the BCEA.
When Rent Goes Unpaid: A Deep Dive into the Gardenshop v Germat Eviction Case
Commercial eviction in South Africa shows how unpaid rent allows landlords to cancel leases and protect property rights.
Rule 13 Third-Party Procedure: Serving a Notice After Close of Pleadings
When can a third-party notice be served after pleadings close? Rule 13 outlines the process and the court’s discretion to grant condonation.
To Inform or Not to Inform – That Is The Ex Parte Question
This article unpacks when ex parte applications are permissible in South African law, the duty of good faith, and key lessons from the Hlabang Trading case.
Urgent Applications – The Wheels of Justice Doesn’t Always Turn Slowly
Urgent applications in South Africa let cases bypass normal court timelines, with strict rules and risks to consider.
Workplace Injuries and COIDA: What Every Employee Should Know
COIDA covers workplace injuries, ensuring employee protection and employer compliance while reducing legal and financial risks.
Fairness, Finality, and the Evolving Meaning of Labour Rights in South African Law
South African labour rights evolve through key court rulings, shaping fairness, finality, and the role of the Labour Relations Act in employment law.
‘Without Prejudice’ Correspondence: Is It Truly Without Prejudice?
“Without prejudice” correspondence may not always stay private – discover when it can be admitted as evidence in legal proceedings.
Upholding Justice: The Legal Practitioner’s Duty to the Court Amidst Unethical Conveyancing Practices
Legal practitioners have a primary duty to the court. Recent warnings on unethical conveyancing highlight the need to uphold integrity and protect public trust in the profession.
The Hidden Line: Legal Privilege and the Fine Art of Waiver
Legal privilege in South African law protects attorney-client communication – learn when it applies and how it can be waived or lost.
How to Apply for a Maintenance Order Discharge in South Africa: Legal Process & Requirements
Application process for discharging a maintenance order in South Africa, including legal criteria, good cause requirements, and recent court decisions.
Parenting in the Courtroom
Custody decisions in South Africa focus on the child’s best interests, emotional well-being, and parental capability.
The Definition of “employee” in light of the Constitution of South Africa
When does a job offer create legal rights? SA labour law views accepted offers as employment before work even begins.
Suspensive Condition in Contracts
Parties do not often realise that a condition in a contract is a suspensive condition and that non-compliance with that suspensive condition will mean that the contract lapses.
Understanding the Review Process of CCMA Awards and Arbitration Decisions
CCMA awards can be challenged under section 145 of the LRA. Explore the legal grounds, review process, and when an award may be set aside.
The Corporate Veil: What Is It and Why Must You Protect It?
The corporate veil protects business owners from personal liability, but it can be pierced. Learn how to safeguard it.
What documents must be provided by a decision maker in terms of Rule 53 of the High Court Rules?
What must a decision-maker provide under Rule 53? Key requirements, legal insights, and a recent case explained.
The Power of an Antenuptial Contract (ANC): Protecting your Assets and Financial Future
An antenuptial contract (ANC) protects your assets, debts, and financial future in marriage. Learn how it works and why legal advice is essential.
Substituted Service as One of the Alternative Remedies for Service in Divorce Proceedings
Understand Rule 44(1) substituted service for SA divorces. Professional legal advice tailored to your needs.
From Ink to Link: Court Champions Remote Affidavit Commissioning
The Western Cape High Court validates remote affidavit commissioning, highlighting its benefits and need for modernization.
Legal Representation in Labour Disputes: Trade Unions bound by their own Constitutions
The Constitutional Court’s ruling in AFGRI Animal Feeds v NUMSA defines the limits of trade union representation in labour disputes, reinforcing the need to adhere to union constitutions.
Does the Appointment of a Curator Ad Litem for a Permanent Mental Incapacity Protect a Claimant?
Court ruling affirms curator ad litem appointment doesn’t end mental incapacity protection under Prescription Act.
Exploring the Boundaries of Free Speech: Differentiating Between Defamation and Crimen Injuria
Discover the legal differences between defamation and crimen injuria, and how they balance free speech with protecting dignity and reputation.
Constitutional Court Ruling Changes Divorce Law: What It Means for Asset Division
The Constitutional Court’s ruling on the Divorce Act changes divorce proceedings, introducing new asset division rules for antenuptial contracts in marriages after 1984.
Does South African Law Protect Foreign and Uncontracted Workers?
Does South African law protect foreign and uncontracted workers? Key legal cases and rights explained.
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