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 […]
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 […]
When Grief Meets Red Tape: Understanding Today’s Estate Challenges
Losing a loved one is already one of life’s most difficult experiences. Add to that the burden of South Africa’s complex estate administration process, and families often find themselves overwhelmed at the worst possible time. In 2026, the challenges facing estate administrators have reached unprecedented levels, but understanding these obstacles and seeking professional help can […]
Do Part-Time Domestic Workers Get Paid Leave?
In South Africa, many households employ part-time domestic workers or gardeners who may only work once or twice a week. Employers often wonder whether they need to provide paid leave in these cases. The short answer is yes — but only proportionally, based on the number of days worked. Annual Leave The Basic Conditions of […]
The Legal Recognition of Electronic Communications and Signatures under the ECTA
As digital technologies continue to evolve and integrate into everyday life, the application of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) has become increasingly significant in both the public and private sectors. The Act plays a pivotal role in shaping the legal framework for electronic communications and e-commerce in South Africa. The […]
Considering the CCMA? Here Is What You Need to Know
A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes can prevent the public from taking advantage of the commission’s accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating […]
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
Does a Settlement Agreement Constitute a Credit Agreement?
In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). The court’s decision, which emphasised the importance of preserving the amicable resolution of disputes, shed light on the intricate interplay between settlement […]
The ABCs of Lease Agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]