Blog

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“All that lives must die, passing through nature to eternity.” (William Shakespeare, in Hamlet) Master’s Office records suggest that less than a third of us leave behind a will when we die. That’s astonishing, given the fact that death is one of the few absolute certainties in...

Panhandle Access to Properties – The Mistakes to Avoid

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“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes...

Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets

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“Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming...

Honesty at Work: A 50c Coin Costs a Bank Teller Her Job

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“There’s no trust, no faith, no honesty in men.” (William Shakespeare, in Romeo and Juliet) A recent Labour Court decision is a stark reminder to employees that an employment relationship is founded on trust, and that any breach of that trust could justify dismissal....

Your House Burns to the Ground: Can You Hold the Seller Liable?

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“Time shall unfold what plighted cunning hides.” (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again, that if a property seller knows about a hidden defect and keeps it quiet, no exemption clause will save them. A loud roar, rolling flames, and a...

Divorce 101: A Simple Guide to the Legal Side

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“You can’t go back and change the beginning, but you can start where you are and change the ending.” (C.S. Lewis) Divorce is traumatic, to the extent that it’s widely considered to be the second most stressful life event (behind only the death of a spouse, and ahead of...

What Can You do When a Director Deadlock is Killing Your Company?

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“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can no longer see eye...

Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation

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“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness...

A Bond Clause Deadline Whooshes by and a Sale Dies – Can You Revive it?

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“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams in The Salmon of Doubt) Contracts often contain suspensive conditions, a common example being the bond clause in a property sale agreement. The standard bond clause provides that the buyer must...

A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?

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“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson Mandela) International Nelson Mandela Day is celebrated worldwide on 18 July every year, but in South Africa the whole of July is Mandela Month....

What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves

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“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly structured to look...

Private Prosecution: Neighbours at War

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“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what...

A R4.25m Warning to Choose Your Conveyancer With Care

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“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in this...

Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue

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“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality is that a...

Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren

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“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have...

How to Avoid Fighting Over the House – A Guide for Life Partners

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“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the...

When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse

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“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may have a...

BFFs no More: The Verbal Agreement That Cost R1 Million

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“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed – most...

Fixed Term Contracts: A Guide for Employers and Employees

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It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an...

Can a Body Corporate Cut the Power? It’s Complicated