Articles

Your Surname, Your Choice: Constitutional Court Ruling on Equality

In a recent landmark judgment, the Constitutional Court of South Africa declared certain provisions of the Births and Deaths Registration Act unconstitutional, marking an important step forward in the promotion of gender equality. Background to the Case Under the previous law, women were permitted to assume their husband’s surname upon marriage, or to revert to …

Your Surname, Your Choice: Constitutional Court Ruling on Equality Read More

Lobola And Antenuptial Contracts: Harmonizing Culture And Legal Protection

South Africa’s legal system beautifully intertwines diverse cultural traditions with modern legal frameworks, particularly in the realm of marriage. Two key elements shaping marital relationships are lobola (a customary practice) and antenuptial contracts (ANCs) (a feature of Roman-Dutch common law). While lobola reflects deep-rooted African traditions, ANCs provide legal clarity on matrimonial property. Understanding their interaction is crucial for …

Lobola And Antenuptial Contracts: Harmonizing Culture And Legal Protection Read More

Immovable Property Disclosure Form

Anyone who deals with Property and related matters in their ordinary course of business falls under the definition of a “Property Practitioner” as defined in the PPA. A Property Practitioner is required to complete a property disclosure form. The intention of the legislator was to reduce litigation in relation to the non-disclosure of defects relating to …

Immovable Property Disclosure Form Read More

Drones or No Drones

Drones or no Drones? We all have seen the fantastic drones on the market and the beautiful pictures it can take.  Drone flying is legislated by the South Africa Civil Aviation Act (Act 13/2009).  Although this legislation only made provision for Unmanned Aircraft Systems (aircraft that is piloted from a remote pilot station like drones) …

Drones or No Drones Read More

POPIA Compliance in 2025

POPIA Compliance in 2025: Lessons from Recent Data Breaches IntroductionThe Protection of Personal Information Act (POPIA) remains a critical component of South Africa’s legal landscape, ensuring that businesses and institutions safeguard personal data. Despite its full enforcement since July 2021, many companies continue to struggle with compliance, leading to significant data breaches and regulatory penalties. …

POPIA Compliance in 2025 Read More

Business Rescue

The stagnant economy together with the impact of loadshedding has caused businesses to fall on hard times. Sadly some businesses have had to close shop with negative consequences for owners and employees. What is Business Rescue? In the event of a business being financially distressed the business rescue process assists the business to continue trading …

Business Rescue Read More

Proposed introduction of level 8 BBBEE Certificates for Property Practitioners

The Property Practitioners Regulatory Authority (PPRA) has advised that an estate agency (one of the affected parties falling under the definition of a property practitioner) which fails to provide a minimum level 8 Broad-Based Black Economic Empowerment (B-BBEE) certificate will not receive a Fidelity Fund Certificate (FFC) in 2025.  Section 48 of the Property Practitioners …

Proposed introduction of level 8 BBBEE Certificates for Property Practitioners Read More

Postnuptial Contracts

Did you know that if prospective spouses do not execute their antenuptial contract before their marriage, they are automatically considered to be married in community of property. Similarly, if prospective spouses execute an antenuptial contract, get married, and later find out that the antenuptial contract was not registered within the 3-month period required by law, …

Postnuptial Contracts Read More

Cancelling a Notarial Tie Agreement

A Notarial Tie Agreement can be cancelled by entering into a bilateral Notarial Deed of Cancellation between all the parties (the Owners and the Enforcer) to the Notarial Tie Agreement, in terms of which the parties agree to the cancellation of the Notarial Tie Agreement. Alternatively, a Notarial Tie Agreement can be cancelled by the …

Cancelling a Notarial Tie Agreement Read More