The Prevention of Illegal Eviction Amendment Bill: Striking a New Balance Between Property Rights and Housing Rights
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) has long been regarded as one of South Africa’s most significant pieces of socio-economic legislation. Enacted to give effect to section 26(3) of the Constitution, PIE protects unlawful occupiers from arbitrary eviction while ensuring that property owners may only […]
Key Benefits and Risks of Setting up a Trust
A trust is a legal arrangement where ownership of property is transferred to trustees, who manage it for the general benefit of identified beneficiaries or to fulfil clearly defined objectives set out in the trust deed. Trusts fall into two main categories, depending on when they are created. An inter vivos trust is created during […]
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, […]
When Conduct Rules Go Too Far: Your Rights in a Sectional Title Scheme
Most conduct rules are practical and uncontroversial. Rules about noise after a certain hour, the storage of items on balconies, or waste disposal procedures are routine. But not all conduct rules stay within reasonable boundaries. Some schemes have attempted to enforce rules or make decisions that restrict residents and third parties in ways the law […]
Misled by a Property Seller? Know Your Legal Rights
What happens if a seller gives you false information to persuade you to buy a property? South African law offers protection in cases of misrepresentation, even where the contract includes a “voetstoots” clause. Depending on the circumstances, you may be entitled to cancel the sale or claim damages. A recent court decision outlines the rights […]
Who Is Liable When a Casual Worker Falls Off Your Roof?
If you hire someone directly to clean gutters, repair a roof, or do similar work at your home, and that person falls and is injured, liability is not always simple. In many cases, the answer depends on whether that person is treated as your employee for legal purposes, whether you complied with compensation law, and […]
Forming a Trust in South Africa: Which Type Suits You?
What is a trust? The answer may seem obvious, but in practice, many people get confused as to exactly what a trust is and what such a structure is meant for. In this article, we examine the various types of trust recognised under the South African common law, as well as where the Income Tax […]
The Consumer Protection Act Changes the Rules of Voetstoots Sales
The Consumer Protection Act 68 of 2008 (CPA) has significantly curtailed the use of voetstoots clauses in South African law. While these clauses are still recognised in certain contexts, the CPA strengthens consumer rights and places strict limits on when and how liability for defective goods can be excluded. What the Law Says Under South […]
Collecting School Fees in South Africa: The Legal Framework for 2026
Schools have the right to recover unpaid fees, but the law sets a precise sequence of steps that must be followed before any enforcement action can lawfully begin. For public schools, Section 39 of the South African Schools Act SASA governs the entire process, from exemption entitlements to the point at which a matter enters […]
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 […]