Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward “This sale agreement is no more! It has ceased to be! This is an EX-sale!” (With apologies to Monty Python) A “bond clause” – standard in most property sale agreements – typically provides that the whole sale depends on the buyer obtaining a...Read More

When Can You Legally Record Conversations? “Big Brother is watching you.” (George Orwell) Your smartphone lets you record just about anything, anywhere, and at any time. Your laptop and other devices can automatically record online meetings. Technology enabling voice and/or video recording is all-pervasive, providing us all with a powerful tool for keeping accurate records,...Read More

Sibling Showdown: How One Missing Word in a Will Divided a Family “From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a poorly-drafted will confirms once again that when it comes to important...Read More

Sour Grapes? Don’t Make Accusations Unless They’re True “I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true. To escape liability, you must show that you...Read More

Divorce Diaries: Anti-Dissipation Orders in Action “Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that our law provides...Read More

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note? “Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are regulatory and law enforcement bodies to whom suspicious practices by...Read More

The Garage Door That Had the Complex Up in Arms “Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is full-title or freehold, or...Read More

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake! “[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money deposits, heavy reliance on email...Read More

Can You Sign an Affidavit Over Zoom? “These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could sink even the strongest case, so it’s vital to get this right. Of course, it’s always tempting to...Read More

The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do “It’s high time they legalised cannabis” (Anon) Much excitement has greeted the signing into law of the Cannabis for Private Purposes Act, which will formally regulate the cultivation, possession, and use of cannabis by adults in a private setting and, says...Read More