Brian Kahn Inc

Can foreign judgments be enforced in South Africa?

A judgment granted by a foreign court is not directly enforceable in South Africa but constitutes a prima facie proof of debt (the clearest possible proof of debt). One would still need to institute an action from the South African court based on the foreign judgment. The Enforcement of Foreign Civil Judgments Act 32 of […]

Can you change your marital regime after marriage?

A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. Understanding marital regimes In South Africa, there are three main marital regimes: In community of property: This is the default […]

Domicilium citandi et executandi in South African Law

How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state my side of the story? Well, in our law this could happen if you agreed to a domicilium address without notifying other parties about a change therein when you […]

The ABCs of Lease Agreements in South Africa

Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]

What to do when injured by a domestic animal

Having a domesticated animal, such as a dog or horse, can be a great source of joy for its owner. However, such domesticated animals come with a lot of responsibility and potential liability. This is so because a person injured by a domestic animal can hold its owner liable for the damages suffered by such […]

Traditional rites of passage: Are initiates protected?

In South Africa, rites of passage initiates go to initiation schools each year, with teenagers being the most vulnerable to the initiation. The custom has caused outrage due to the number of fatalities that occur during these initiations. The rise in the number of illegal schools run by inexperienced and negligent surgeons is believed to be the main cause of these deaths. However, one cannot […]

Starting a business in South Africa: Legal requirements and the Companies Act

Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be complied with, so you can make sure you do what is best for the business you are starting. The Companies Act is the primary legislation governing a company and […]

Private prosecution: Is justice attainable even if the state fails us?

Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to prosecute persons who have allegedly committed a criminal offence. The Criminal Procedure Act (“the CPA”), however, contains two sections that can be relied on to bypass the NPA, by […]

I’ve been pulled over by the police, what are my rights?

Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit motorists who do not know their rights and in other situations, it’s one in which drivers receive a go-to jail card for non-compliance with a police official’s instructions. It […]

Fraud: Remedies available to defrauded parties

Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the strength of another’s representation in order to commit some or other act. Such an innocent party may have acted to their detriment if the representation was fraudulent. The innocent […]