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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. [...]
The three attorneys (conveyancers) involved in the sale and purchase of property
We often get asked by our clients what types of attorneys are typically involved in the sale and purchase of property. Here's more information about the attorneys (conveyancers) typically involved in a transaction: Transferring attorney [...]
Mandament van Spolie: Understanding its application in landlord-tenant disputes
In South African law, a fundamental principle emphasises that individuals cannot take matters into their own hands. Rather, they must adhere to proper legal channels to address grievances and seek the necessary recourse. For instance, [...]
What is a Conveyancing Attorney? Contract Signing to Key Hand Over
Navigating the complexities of property transactions requires the expertise of a conveyancing attorney, a specialist dedicated to ensuring the legality and efficiency of transferring property ownership. In South Africa, where the property market is vibrant [...]
Turning The Tide: The Basics of Business Rescue Explained
Business rescue refers to the process aimed at facilitating the rehabilitation of a financially distressed company. This process is detailed in Chapter 6 of the South African Companies Act of 2008, designed to help companies [...]
Navigating the Maintenance Act
The Maintenance Act, Act 99 of 1998 (“the Act”), serves as a cornerstone in South African family law, aiming to ensure that caregivers fulfil their legal obligations towards their dependents. The Act provides support for [...]
How a Letter of Demand Works in South Africa
Are you dealing with unpaid invoices and wondering how to get your clients to pay? In South Africa, a powerful tool that can help you retrieve your money is a Letter of Demand. This legal [...]
Understanding Juristic Personality: The Legal Concept Explained
Welcome to our comprehensive guide on understanding juristic personality in South Africa. In this article, we will delve into the intricacies of juristic personality, explaining what it is and how it functions within the legal [...]
The Ultimate Guide to Understanding Rental Deposits in South Africa
Are you looking to rent a property in South Africa? If so, understanding rental deposits is essential to ensure a hassle-free experience. This comprehensive guide will provide you with everything you need to know about [...]
Securing Your Furry Friends’ Future: The Importance of Including Pets in Your Estate Plan
Estate planning is a crucial aspect of preparing for the future, ensuring that your loved ones are provided for and your assets are distributed according to your wishes. While people often focus on human beneficiaries [...]
Understanding The Matrimonial Property Act: A Guide for Couples in South Africa
Are you a couple residing in South Africa and looking to understand the complexities of the Matrimonial Property Act, and the marital regimes provided for therein? Look no further – this comprehensive guide will provide [...]
Complying with the Rental Housing Act in South Africa: How to Protect Your Rights as a Tenant
Are you a tenant renting a house in South Africa? It's important to be aware of your rights as a tenant and comply with the Rental Housing Act. This legislation provides crucial protection for renters, [...]
The Impact of Restraint of Trade Clauses on South African Businesses
Are restraint of trade clauses affecting South African businesses? In this article, we delve into the impact of these clauses and their consequences for companies operating in the country. Restraint of trade clauses, commonly found [...]
The Ultimate Guide to The Consumer Protection Act in South Africa
Welcome to the ultimate guide for understanding customer rights and the Consumer Protection Act in South Africa. In this comprehensive article, we will delve into the intricacies of consumer protection laws in South Africa, empowering [...]
What does the law say about cancelling holiday accommodation bookings?
With the upcoming holiday season, many South Africans have already made their holiday bookings in advance or are looking to secure last-minute accommodation. Consumers have various rights and protections, including the crucial right to cancel [...]
Common law marriages in South Africa – Misconceptions and alternative options
There is a misconception amongst many South Africans, that if two people who are in a relationship reside together for a certain period of time, they are automatically deemed to be married “in the eyes [...]