Articles & Insights
Urgent Evictions: When Does the Law Allow for an Expedited Process?
The process of evicting an unlawful occupier is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act). Under normal circumstances, an eviction is a lengthy procedure designed to protect the constitutional...
Can You Lose Your Land by Doing Nothing? Understanding Acquisitive Prescription in South Africa
Imagine waking up to discover that a portion of your garden or even an entire vacant stand you’ve owned for decades no longer belongs to you legally. It sounds like a legal myth, but in South Africa, the law of Acquisitive Prescription makes this a very real...
Ignored Court Orders: The Power of Civil Contempt in South Africa
In our legal system, a court order is not a suggestion or a basis for negotiation. It is a binding directive. The integrity of our constitutional democracy relies on the principle that judicial decisions must be respected and obeyed. When a party decides to...
High Court Strikes Down Outdated “Husband’s Domicile” Marriage Rule
In a landmark judgment delivered on 23 June 2026, the High Court of South Africa (Western Cape Division, Cape Town) has declared the long-standing common law rule of lex domicilii matrimonii unconstitutional and invalid. For decades, this rule dictated that the...
Understanding the Changes to the Conveyancing Fee Sliding Scale
The recent amendments to the conveyancing fee tariff have resulted in significant changes to the sliding scale used to calculate attorneys' professional fees for property transfers. The revised tariff aims to better reflect the increased responsibilities, compliance...
Buying or Selling Property While Overseas? Here’s What You Need to Know About Signing Your Transfer Documents
With more South Africans living, working and travelling abroad than ever before, it's common for buyers and sellers to find themselves outside the country when it's time to sign important property transfer documents. The good news? Being overseas doesn't have to delay...
Postnuptial Agreements in South Africa: Can You Change Your Marital Property System After Marriage?
The choice of a matrimonial property system is typically made before the wedding ceremony through the execution of an Antenuptial Contract (ANC). However, as circumstances change, whether through business ventures, inheritance, or a simple shift in financial planning,...
Personal Suretyships: The Invisible Chain
In the commercial landscape, the "corporate veil" is often seen as an impenetrable shield. Directors and shareholders generally operate under the comfort that a company is a separate legal entity, meaning they are not personally liable for the company's debts....