Articles & Insights
Uncontested vs. Contested Divorce: Which Is Right for You?
The path to ending a marriage is rarely a straight line. Under the Divorce Act 70 of 1979, the legal "ground" for divorce is almost always the irretrievable breakdown of the marriage. However, how you reach that final decree depends on whether you and your spouse can...
The Empty Chair: How to Get a Divorce When You Can’t Find Your Spouse
The law ensures that a missing spouse cannot prevent you from obtaining a divorce. If you have lost contact with your spouse, the legal system provides two primary mechanisms to move forward: Substituted Service and Edictal Citation. Here is how to navigate a divorce...
Hidden Cracks: What Happens When a Seller Fails to Disclose Property Defects?
Buying a home is often the most significant investment a South African will ever make. The excitement of receiving the keys can quickly turn into a nightmare, however, when the first summer rains reveal a leaking roof or a fresh coat of paint peels away to show...
Broken Promises: What Happens If a Buyer Breaches a Property Sale Agreement?
In the property market, an Offer to Purchase (OTP) is a legally binding contract the moment both parties sign it. While most transactions proceed to the Deeds Office without issue, "buyer’s remorse" or financial instability can lead to a breach of contract. When a...
What Happens If a Tenant Damages Your Property?
The relationship between a landlord and tenant is primarily governed by the lease agreement and the Rental Housing Act 50 of 1999. When a tenant damages a property, the landlord's ability to claim for repairs, usually from the security deposit, is almost entirely...
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...