“Mortgage”, “Mortgage Bond” and “Home Loan”: What’s the Difference?
Derived from French “mort” and “gage” (literally “dead pledge” because it “dies” when settled), a mortgage secures a creditor’s claim and enables it to sell the bonded property if the debtor defaults in repaying the debt. In the context of a home loan, strictly speaking, “mortgage” refers to the mortgage bond agreement and to the […]
Effective 1 March 2025: New National Minimum Wage
The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2025 by 4.4% from R27,58 per hour to R28,79 per hour. Domestic workers: Assuming a work month of 22 days x 8 hours per day, R28,79 per hour equates to R230,32 per day or R5067,04 per month. Of course, […]
Defending Yourself: What Weapons Can You Legally Carry?
“The right of self-defence is the first law of nature.” (St. George Tucker, Blackstone’s Commentaries, 1803) South Africa’s chronically high crime rates have left many of us wondering what the limits are when defending ourselves and our families from criminals. What weapons does the law allow us to carry, what permissions do we need to […]
From the Horse’s Mouth: “Should You Use AI for Legal Advice?”
“If you didn’t hear it from the horse’s mouth, it came from the other end of the horse.” (Anon) The rapid rise of AI is hard to ignore. DeepSeek’s AI assistant, only launched on 10 January this year, has grown to rival ChatGPT in popularity, making it the most widely used AI language model at […]
Mortgage Bond Arrears: Can You Challenge a Certificate of Balance?
“O, I do not like that paying back.” (Falstaff, in Shakespeare’s Henry IV Part I) A standard clause in loan agreements, suretyships and the like is the “certificate of balance” or “COB” clause. Typically, it will read something like this (but normally with a lot more verbiage, and bear in mind that every lender has […]
Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3.55m
“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High Court decision confirms that defamation can […]
A New School Year Dawns – Can Unpaid Fees Bar Your Child From Enrolling?
“I have never let my schooling interfere with my education.” (Mark Twain) Our Constitution guarantees everyone rights to education, but that doesn’t mean parents can necessarily pick and choose which schools they send their children to. Nor does it mean that they can expect schools to continue educating their children if they don’t pay the […]
Directors: Here’s How to Avoid Being Sued for Company Debts
“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze anything out of the company. Or maybe you worry about the company itself […]
How Can I Buy Property in South Africa as a Foreigner?
“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway) Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This country’s magic, how can I […]
Fired for not Working on the Sabbath
“One of the hallmarks of an enlightened egalitarian society is the right to freedom of religion.” (Extract from judgment below) Our courts do not tolerate unfair discrimination in the workplace, and employers need to tread particularly carefully when it comes to the concept of “automatically unfair discrimination”. Get that one wrong and you could be […]
Estate Planning: Why it Matters, and How To Get Started
“When the hurly-burly’s done, when the battle’s lost and won.” (One of the witches in Shakespeare’s Macbeth) Another year draws to a close! If you’re taking a break, now’s a great time to get started on an estate plan – or to update your existing one. Estate planning is one of the most important steps […]
Gift or Loan? A Cautionary Tale for the Season of Giving
“The bluntest pencil is better than the sharpest mind” (Unknown) The Festive Season is traditionally a time for giving, and it seems a pity to have to mention the hard realities of the law right now. But, as a recent High Court dispute confirms, things can go horribly wrong if the people involved have different […]
Who Appoints the Conveyancer? Your House, Your Choice
“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end of our house-selling journey is something like this: “Congratulations! You sold for a good price, the buyer’s taken transfer and you’ve been paid the purchase price. Time to pop the bubbly🍾”. […]
No Means No: What the New Case on Consent Means for Victims of Sexual Violence
“Sexual violence is a horrific reality that continues to plague this country.” (Quoted in judgment below)It’s often said that victims of rape and other types of sexual violence have to suffer twice – firstly at the hands of the rapist and secondly at the hands of the law. A recent High Court ruling on the […]
Employers: It’s November Again. Must You Pay 13th Cheques?
“The best investment you will ever make are your employees” (Peter Drucker) As the end of the year approaches, many employees are eagerly awaiting their 13th cheque or year-end bonus. However, not every employer is in a position to pay bonuses, and this can lead to disappointment, disputes, or even legal action if expectations aren’t […]
This Wedding Season: What’s in a Surname?
“That which we call a rose, by any other name would smell as sweet.” (Shakespeare, in Romeo and Juliet) Your wedding to-do list will be a long one, and getting all the “boring legal bits” in order before you marry may not seem like a huge priority. But it is. Choices you make now will […]
Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist
“Don’t wait to buy land, buy land and wait.” (Will Rogers) Summer’s a great time to look for property. With the year winding down and the holiday season upon us, many sellers who’ve been holding back are now putting their properties back onto the market, so expect to see some great new buys out there. […]
Protect Your Employees from Harassment and Abuse – or Pay the Price
“It takes leadership to improve safety.” (Jackie Stewart, Formula 1 legend) One of your key duties as an employer is to create a working environment in which your employees are protected from harassment and abuse. As a recent High Court judgment graphically illustrates, dropping the ball will cost you dearly. Meet the protagonists The cast […]
How Does the New Corruption Reporting Law Affect Your Business?
“In defence of Madiba’s legacy, we will continue to wage a relentless war on corruption…” (President Cyril Ramaphosa) You may have seen mention of the new amendment to the Prevention and Combatting of Corrupt Activities (POCCA) Act that imposes severe penalties for any failure to report corruption. If you did see it, you quite possibly […]
How Can You Protect Your Heirs’ Inheritances from Their Creditors?
“The only person who sticks closer to you in adversity than a friend is a creditor.” (Unknown) You’ve done everything you can to leave your loved ones financially secure after you die. You’ve left enough assets to set them up in their own lives, made a valid will (“Last Will and Testament”), and chosen a […]