The media has been awash with reports (sometimes conflicting, often vague) of what the recent Constitutional Court ruling actually means in practice. Whether you agree with the ruling or not, and whether or not you personally have ever had (or intend to have) anything to do...

“A man who dies without a will has lawyers for his heirs” (Anon) It’s natural not to want to make plans for our own mortality, but we owe it to ourselves and our loved ones to do exactly that and to do it without delay. Why? ...

“…prescription started its deadly trudge on the day the loan at issue in these proceedings was advanced” (extract from judgment below) You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts running....

“Beware the wolf in sheep’s clothing” (Aesop’s Fables) Cybercrime levels are surging, and it didn’t take the scammers long to figure out that when you buy and sell property you become a prime target because of course – Property transactions provide rich pickings, often very rich...

“Somewhat ironically, given the fact that the phrase “not a sausage” is originally derived from the Cockney rhyming slang “sausages and mash” meaning “cash”, they got away with not a sausage from the butchery but a great deal of cash” (extract from judgment below) When you...

“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps approaching the Community Schemes Ombud...

A recent Labour Court decision shows how dangerous it is as an employer when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity. Disciplined for depression An employee, whose track record had originally been an excellent one, was charged at...

“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece)   As the philosopher and mathematician, Thales pointed out two and a half millennia ago, signing surety for another’s debts carries a huge risk. Yet every day directors of property...

“The general rule of our law is that cohabitation does not give rise to special legal consequences, no matter how long the relationship has endured” (From a 2010 High Court judgment and still applicable)   One of the more pervasive myths in South Africa is that, if...