News & Views

News and relevant legal opinion pieces from MP|W and publishing partners.

 

The information in the news and views section relate to recent legal developments, is intended to provide general guidance and does not constitute legal advice.

MP|W will not be liable for any loss or damage arising from reliance upon the content of this website.

  • “Preamble to the Domestic Violence Act: “To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” There is great concern that the COVID-19 crisis, particularly the mandatory “stay at home” lockdown phase, will see both an increase......

  • “Better safe than sorry” (wise old proverb) The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave......

  • If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You......

  • “The scale of the national COVID-19 lockdown is unprecedented in living memory. The repercussions – personal, professional, national and international – will reverberate for years to come. As entrepreneurs, we need to be making the right decisions for right now to ensure that our businesses......

  • Many factors can delay your property transfer, and all of them are likely to cost you. A last-minute rush to comply with statutory requirements is one such pitfall to avoid. Beware therefore of the possibility that you will soon need (in some parts of the......

  • The National Lockdown has thrown together many couples not used to spending “24/7” time in each other’s company. Relationships will have strengthened for many couples, but others will be struggling. The fears, anxieties and money worries now looming over us all certainly won’t haven’t helped.......

  • “Death always comes without knocking” (Margaret Atwood) Particularly in these times of pandemic, deadly infections and uncertainty, no one can ever say with any confidence that we will still be alive tomorrow, or next month, or next year. Now more than ever having a valid......

  • The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to......

  • “In our law cohabitation does not have special legal consequences. Generally the proprietary consequences and rights flowing from a marriage are not available to unmarried couples, regardless of the length of their cohabitation” (extract from judgment below) If you live as a couple, avoid the......

  • “…the default position is that an executive director or a senior employee may not carry on business activities which fall within the scope of his company’s business during the time when he serves as director or works as employee. The default position however changes on......

  • “The primary remedy therefore is an order for removal of the structure” (extract from the judgment below) What can you do if your neighbour has started (or finished) building without the necessary municipal approvals? In a nutshell, our courts will very probably assist you with......

  • In this note, MAURICE PHILLIPS│WISENBERG attorneys will attempt to guide you through these unprecedented times on how the “lockdown” period will affect the obligations of parties to perform in terms of their employment contracts and lease agreements....