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 […]
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 […]
The Unwritten Rules of War: Nuclear Weapons and International Customary Law
The prohibition of nuclear weapons remains one of the most contentious issues in international customary law. Events such as the atomic bombings of Hiroshima and Nagasaki prompted global efforts to limit their use, yet the legal framework governing their use remains deeply contested. Nations in possession of nuclear weapons resist disarmament due to security and […]
The Rei Vindicatio and the Actio Ad Exhibendum
This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei vindicatio. This action is instituted in order to claim the physical return of one’s property. The second action, which will […]
Precautionary suspension of an employee – What are the requirements?
Employers are often challenged on the fairness of the precautionary suspension of an Employee. The inherent fairness criteria have been impacted by the decision of the Constitutional Court in Long vs South African Breweries (Pty) Ltd and others (2018) ZACC 7. The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk […]
Mediation Before Litigation: Balancing Efficiency and Constitutional Rights
South Africa’s civil justice system faces significant challenges, including escalating litigation costs, prolonged delays, and an overwhelming backlog of cases, with some civil trial dates not projected until 2031. Against this background, the South African Law Reform Commission (SALRC) has been developing a Draft Mediation Bill since 2019 to integrate alternative dispute resolution (ADR), particularly […]
The Impact of Recent Companies Act Amendments on Audit and Review Requirements for Close Corporations
Under the amended legislative framework, members of a close corporation are now required to prepare annual financial statements (AFS) within six months after the financial year-end. This timeline was shortened from the previous nine-month period due to the incorporation of relevant provisions from the Companies Act into the Close Corporations Act 69 of 1984. Section […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]