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Spousal Maintenance in South Africa – Alimony Explained
Spousal maintenance in South Africa refers to the financial assistance required by one spouse from another, either during divorce proceedings or after a decree of divorce has been granted. South African courts are empowered by [...]
Competition Law in South Africa: Understanding the Competition Act
Competition Law in South Africa: Understanding the Competition Act Competition law in South Africa serves as the foundation for a fair and dynamic economy. Enacted through the Competition Act 89 of 1998, it ensures that [...]
How Does a Parenting Plan Work in South Africa?
Parenting plans in South Africa are essential legal agreements designed to help separated or divorced parents outline how they will share responsibilities for their children. These plans focus on the child’s best interests and provide [...]
How to Report a Car Accident in South Africa: A Legal Guide
A car accident in South Africa can be a stressful and traumatic experience. However, understanding your legal responsibilities and the necessary steps can help you navigate the situation effectively. This guide provides essential information on [...]
Can a husband take on his wife’s surname after marriage?
It is common knowledge that a woman can take on her husband’s surname after marriage, however, have you ever wondered whether a husband can assume his wife’s surname? Prior to September 2024, the Births and [...]
Cyber Crimes in South Africa: Legal Insights and Protection
Cyber crimes in South Africa have grown into a significant challenge, impacting individuals, businesses, and governmental institutions alike. As technology becomes more embedded in daily life, South Africans face an increasing array of cyber threats. [...]
Understanding the Corporate Veil in South Africa’s Companies Act 71
In South African corporate law, the principle of "piercing the corporate veil" remains an essential tool for ensuring accountability in business conduct. This legal doctrine allows courts to hold directors or shareholders personally liable for [...]
Code of Good Practice for Dismissals in South Africa
Code of Good Practice: Essential Adherence for South African Employers The Code of Good Practice (Code) serves as a foundational guide for employers in South Africa, focusing on fair practices regarding dismissal relating to employee [...]
How to Legally Sign Documents Abroad for Use in South Africa
Question I am currently abroad and need to sign documents that are to be used in RSA. How do I go about this to ensure the documents are accepted in RSA? Answer Because these documents [...]
What are the steps typically taken (by the transferring attorneys) to effect the transfer of property?
Here are the steps typically taken (by the transferring attorneys) to effect the transfer of property. Receive instructions to attend to the transfer (Agreement of Sale/ Offer to Purchase). As soon as the suspensive conditions [...]
Enforcement of a Foreign Civil Judgment in South Africa
In the increasingly interconnected global landscape, it will often happen that legal entities and individuals engage with each other across numerous different jurisdictions, with each party possibly being in separate jurisdictions. A judgment that a [...]
What Are Particulars of Claim in South Africa? A Legal Overview
In South African civil litigation, a particulars of claim is a critical legal document that sets the stage for any legal action. It outlines the plaintiff’s case by presenting the facts and legal grounds upon [...]
Notarial Bonds in South Africa: Everything You Need to Know
Notarial bonds are an essential yet often overlooked tool in securing debts in South Africa. While most are familiar with mortgage bonds registered over immovable property, notarial bonds serve a similar function but are specifically [...]
Restraint of Trade Clauses
Restraint of trade clauses in employment contracts are inherently complex and must be evaluated on a case-by-case basis. South African courts have provided guidance through various rulings, shedding light on when such clauses may be [...]
Vacation Clubs – What You as the Consumer Should Be Aware of
Vacation club memberships function like a timeshare, but with more flexibility. Members pay an upfront fee and sometimes an annual maintenance fee to join the club. In return, they receive points or credits, which can [...]
Are community schemes in South Africa bound to refer disputes to the Community Schemes Ombud Service (“CSOS”), or can they approach the high court directly?
CSOS is an impartial alternative dispute resolution body which was established under the Community Schemes Ombud Service Act 9 of 2011 (“CSOS Act”). CSOS as a quasi-judicial body was primarily designed to deal with administrative [...]
The PRECCA Act Explained: Combating Corruption in SA
Navigating the legal landscape can be daunting, especially when dealing with intricate issues like corruption. The Prevention and Combating of Corrupt Activities Act (PRECCA) is a crucial piece of legislation in South Africa's fight against [...]
Understanding the Role of a Curator Ad Litem
Navigating legal complexities can be daunting, especially for those unable to represent themselves due to mental incapacity, age, or other vulnerabilities. In South African law, the role of a curator ad litem is crucial in [...]
The Accrual System in South Africa: Key Facts and Benefits
Navigating the legal complexities of marriage in South Africa involves understanding various matrimonial property regimes. One such regime is the accrual system, which balances fairness and independence in marital asset management. This article delves into [...]
Antenuptial Contracts: Why It Could Be The Right Choice For You
Let’s delve deeper and examine why it is beneficial for couples who intend marrying to enter into an Antenuptial Contract - whether it be with or without the accrual system. Financial Protection and Clarity An [...]
Understanding the Meaning of an Antenuptial Contract in South African Law
Navigating the legal landscape of marriage in South Africa can be complex. One critical aspect to consider is the antenuptial contract. Understanding its meaning, purpose, and implications is essential for couples planning to marry. What [...]
Pagel Schulenburg secures major victory for client in trade mark battle
Our director, Odete Da Silva and associate, Steve van Wyk, assisted by Adv Conrad Acker and Adv Rushil Bhima of the Johannesburg Bar, successfully defended our clients' trade mark rights in a significant case before [...]
Inter Vivos Trusts in Estate Planning: Definitions and Legal Frameworks
Understanding Inter Vivos Trusts Inter vivos trusts, commonly referred to as living trusts, are established during a person's lifetime to manage assets for the benefit of designated beneficiaries. It is essentially a legal arrangement in [...]
Who is Responsible for the Costs Involved in a Property Transfer?
When buying or selling a property, understanding who is responsible for the various costs involved can be crucial. Typically, several expenses must be accounted for, ranging from legal fees to taxes and other transaction-related charges. [...]