What Happens After a Company Is Liquidated?
The word ‘liquidation’ tends to trigger panic. Directors fear personal liability. Employees fear losing their jobs and their money. Creditors fear they will never see a cent. And yet, for most people involved in a liquidated company, the biggest source of anxiety is not knowing what the process actually involves. This article explains, in plain […]
Why Your Will Is Not Your Estate Plan
Many South Africans believe that once they have a signed, witnessed will in place, their estate planning is done. But it is not. A will is a legal document that directs how your assets in your personal estate will be distributed after your death. But a significant portion of most people’s wealth sits outside that […]
Arbitration Clauses in Commercial Contracts: Enforceable or a Trap?
When two businesses sign a contract, they rarely think about what happens if things go wrong. Buried in the boilerplate, an arbitration clause can quietly redirect any future dispute away from the courts and into a private process governed by a different set of rules. Sometimes that works in both parties’ favour. Sometimes it does […]
When Conduct Rules Go Too Far: Your Rights in a Sectional Title Scheme
Most conduct rules are practical and uncontroversial. Rules about noise after a certain hour, the storage of items on balconies, or waste disposal procedures are routine. But not all conduct rules stay within reasonable boundaries. Some schemes have attempted to enforce rules or make decisions that restrict residents and third parties in ways the law […]
Business Rescue vs Liquidation: Which Saves More Value?
Financial distress in business rarely happens overnight. It builds over time as cash flow tightens, creditors apply pressure, and operations become strained by inflation. By the time directors need to make a decision, their options are often limited. The Companies Act 71 of 2008 introduced business rescue as an alternative to liquidation, aimed at preserving […]
What Does Being a Trustee of a Body Corporate Entail (Part 3)
In this article, we look at who chairs a meeting of trustees and the method of voting on resolutions passed at such meetings. The rules state that if there are only two owners, such as a duet sectional title scheme, then they would have to decide on a method between the two owners to possibly […]
Can a Voice Note, Email, or Draft Ever Count as a Will?
South Africa’s Wills Act 7 of 1953 remains unchanged in 2026. Voice recordings, emails, and unsigned drafts do not automatically qualify as valid wills, but courts retain a narrow discretion to use them in exceptional circumstances. The rise of digital communication has prompted a recurring question in estate practice: if someone records their final wishes […]
The Most Common Contract Clauses That Cause Disputes
Most commercial disputes do not arise because parties act in bad faith. They arise because the contract they signed was poorly drafted. Ambiguous payment terms, vague termination provisions, and misunderstood penalty clauses routinely turn straightforward business relationships into costly litigation. In South Africa, contract law is grounded in the principles of freedom of contract, good […]
Lawyer Arrested for Speeding: Was it a Lawful Arrest?
The social fabric of the South African society continues to be tainted by high crime rates, domestic violence, and gender-based violence. The South African Police Service (“SAPS”) carries a constitutional and statutory responsibility to combat crime and maintain public order. Unfortunately, wrongful arrests remain a persistent problem in South Africa. On numerous occasions, citizens are arrested, detained, humiliated, and exposed to public embarrassment in circumstances where such arrests […]
Your Company Structure Should Evolve as Your Business Grows
In the early days of a business, structure is often accidental. People wear multiple hats, reporting lines hang loose, and “being agile” usually means figuring things out as you go. This flexibility can be an advantage at the start. But as your business grows, what once felt dynamic can quietly become a risk. At its […]