The Section 65 Financial Inquiry: What Judgment Debtors Can Expect
Obtaining judgment against a debtor is often only the first step in recovering a debt. Where a judgment debtor fails to satisfy the judgment, a creditor may use the section 65 procedure under the Magistrates’ Courts Act 32 of 1944 to investigate the debtor’s financial position and determine their ability to pay. Understanding the purpose, […]
Estate Planning in a Second Marriage: What a Will Alone Cannot Resolve
A second marriage introduces a layer of legal and financial complexity that most couples underestimate. When both parties bring children, assets, and, in many cases, prior divorce settlements into a new union, the standard estate planning question shifts from “who gets what?” to “what does the law say happens first?” The answer depends heavily on […]
Buying Off Plan? How to Protect Your Deposit from Developer Bankruptcy
Buying property off plan remains a popular entry point into the South African property market in 2026, driven by the exemption from transfer duty and the potential for capital appreciation during the build phase. However, as recent market shifts have shown, the risk of developer insolvency is an ever-present variable in these transactions. Understanding the […]
Care Instead of Compensation
Can the State Replace Medical Negligence Damages with Public Healthcare? South Africa’s legal landscape around medical negligence has changed significantly over the past decade, particularly around claims against provincial health departments. In response to shifting litigation, provincial governments have explored alternative ways to limit financial exposure to large compensation claims. This has triggered legal and […]
Rental Crisis Hits the Western Cape
High Demand and the Growing Risk of Exploitative Practices If you’re renting in the Western Cape, you already know how tough it is to find a decent property that suits your budget. Cape Town has become one of the most expensive cities to rent in South Africa, with demand far outstripping its supply. The steady […]
Hit a Pothole? Here’s How to Claim for Your Vehicle Damage in South Africa
South African roads have been deteriorating steadily. SANRAL estimates that the country now has more than 25 million potholes — up from 15 million in 2017. Every time you hit one and your tyre blows, your rim buckles, or your suspension takes a hit, real money is at stake. Many motorists simply absorb the cost […]
Understanding Homeowners Associations (HOAs)
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development schemes. Although homeowners own their individual properties, the HOA maintains and oversees communal infrastructure, such as roads, security systems, […]
Understanding Mortgage Bond Cancellation: Key Steps and Considerations
In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This procedure is intricate, consisting of several critical steps: Step 1: Notice of cancellation Initially, the property owner must submit a notice of intent to cancel the bond to the […]
Your Will is Set, But Who is in Charge? A Guide to the Executor of Your Estate
Completing your last will and testament is one of the most responsible steps you can take to protect your loved ones. It provides clarity, minimises conflict, and ensures your assets are distributed according to your wishes. However, a will is only as effective as the person tasked with carrying it out. This crucial role is […]
Supporting Elderly Parents: The Legal Duty of Adult Children
We often focus our compassion on vulnerable children and their needs, but what about the elderly? In South Africa, too many parents spend their final years in destitution while their adult children live in comfort. This raises a difficult but important question: can parents claim maintenance from their children? The Law: A Reciprocal Duty of […]