“Subpoena duces tecum” This is a court order for the person named in it to produce a document or other form of physical evidence at a trial or hearing – literally it means “under threat of penalty, bring [specified] with you”. If you should ever be presented with such a subpoena and have any doubt […]

“Fraud is a cancer that is crippling our country” (Supreme Court of Appeal in 2019)  An all-too-common scenario in these times of high unemployment is job applicants who, desperate to be hired, lie about their qualifications on their CVs. Recent high-profile stories of fake doctors and the like are no doubt only the tip of […]

“The crux of the case is about unequal treatment of persons. (Extract from judgment below) The recent High Court judgment which declared unconstitutional differences between maternity, paternity, parental, adoption and surrogacy leave has received a lot of media attention, much of it focusing on the reasons for the decision – but what has actually changed […]

“It’s the most wonderful time of the year!” (Songwriters Pola & Wyle) As the end of another year approaches, with its family celebrations and holidays, take the time to check that your estate plan really does ensure that your loved ones will be looked after when you are no longer here for them.  Here are […]

“If you don’t like where you are, move. You are not a tree” (Jim Rohn) It’s that time of year again – summer sunshine, happy holidaymakers in festive mode, and an upsurge in property sales. Whether seller or buyer, be aware of the various compliance certificates that may be required for your transfer to go […]

“Roman-Dutch law” If you’ve ever wondered why so many legal principles referred to by our courts are stated in Latin or Dutch, the answer lies in the history of our legal system. “Roman-Dutch” law was based on old Roman law as applied in the Netherlands during the 17th and 18th centuries and was imported to the Cape […]

Media reports of the recent Constitutional Court decision holding a section of the Divorce Act unconstitutional and giving Parliament 24 months to remedy that haven’t always been clear about who needs to be aware of this, and who doesn’t. Firstly, understand the three “marital regimes” available to you Legally, marriage amounts to a binding contract, […]

“Oh, I’m an alien, I’m a legal alien” (Sting’s ‘Englishman in New York’) South Africa is attractive to overseas property buyers with our world-class lifestyle, depreciated Rand, strong property registration and legal systems, and minimal restrictions against non-resident property ownership. Which is of course great news for property sellers in any area popular with foreign […]

“The buyer needs a hundred eyes, the seller but one” (Old proverb) You buy a “pre-loved” vehicle which turns out to be a complete dud. You go back to the dealership which says “sorry, you bought it as is, not our problem”. What are your rights? Buying from a private seller When we discuss the […]

“Caveat subscriptor” – old legal maxim meaning “Let the signer beware!’ A recent High Court decision once again highlights the dangers of signing anything without reading, understanding and fully considering it. A “Renovator’s Dream” and a case of buyer’s remorse “Let the signer beware!” Bottom line – sign nothing without understanding exactly what you are […]

“The infectiousness of crime is like that of the plague” (Napoleon Bonaparte) This October marks the 20th anniversary of the globally observed “Cyber Security Awareness Month”, and with cybercrime continuing to surge, here’s a cautionary tale to bear in mind. You buy your dream house and pay the purchase price to the transferring attorneys (the conveyancers). […]

“Dementia is the plague of our time, the disease of the century” (Unattributed) Dementia is a widespread medical condition that affects people of all ages but particularly the elderly, and includes conditions like Alzheimer’s. One of the most significant challenges of dementia is the loss of mental capacity, making it difficult for individuals to make […]

“The path is smooth that leadeth on to danger” (William Shakespeare) Tripping over aisle blockages or slipping on floors made slick by spillages can happen in even the best-managed supermarkets, and injured shoppers regularly turn to our courts to claim damages from shopkeepers and building owners. It’s no surprise therefore that this sort of claim […]

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) It may well be that in the future, we will be able to make a perfectly valid will (“Last Will and Testament”) by way of a video recording or other electronic means, but that day has not yet arrived. For now, […]

“Rei vindicatio” Literally “vindication of things” and often referred to simply as a “vindicatory action”, this will be an important legal remedy for you if, as legal owner of something, you are trying to recover it from someone else who possesses it unlawfully and without your consent. The action originated in ancient Roman law but […]

“Creditors have better memories than debtors” (Benjamin Franklin) How well you manage your debtors’ book, and how successful you are in actually collecting monies due to you, should always be a management priority. It can spell the difference between a successful, profitable business and a failed one. If you are new to the game (the […]

“…an employment relationship is predicated on trust” (Extract from judgment below) Our courts have once again confirmed that dismissal is justified when employees lie about their state of health in order to get sick leave. A recent Labour Court case provides a perfect example. Too sick to work, but caught on TV at a protest […]

“A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo where such deprivation has occurred, and it will do so without going into the merits of […]

“Live each day as if it were your last… because one day, you’ll be right.” (Benny Hill) It’s always tempting to procrastinate about decisions that force us to address the inevitability of our own mortality. But we have no choice when it comes to protecting our loved ones after we are gone, because to protect […]

“He that filches from me my good name robs me of that which not enriches him and makes me poor indeed.” (Shakespeare) As our lives move increasingly online, more and more of us will be subjected to the distress and damage of online attacks. Whether they are aimed at hurting us personally or at harming […]