Can Your 👍Thumbs-Up Emoji or E-Signature Seal a Deal? “…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below) ECTA (the Electronic Communications and...Read More
Your New House Leaks Like a Sieve – Can You Sue the Seller? “There is no sound more peaceful than rain on the roof, if you’re safe asleep in someone else’s house.” (Anne Tyler) You move into your new dream home, excited and happy. Until it rains, and the roof leaks. As the repair teams...Read More
Your New House Leaks Like a Sieve – Can You Sue the Seller? “There is no sound more peaceful than rain on the roof, if you’re safe asleep in someone else’s house.” (Anne Tyler) You move into your new dream home, excited and happy. Until it rains, and the roof leaks. As the repair teams...Read More
Ponzi Schemes: Another MTI Judgment, Risks and Red Flags “MTl’s business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier investors with investments taken from later investors.” (Extract from judgment below) In times of economic turmoil, the promise of “easy money”...Read More
Maintenance Claims and Life Partners More and more couples are opting to live together as permanent life partners rather than enter into a formal marriage. The risk for such couples is that whilst our law is steadily (if slowly and cautiously) extending many of the protections of formal marriage to unmarried life partners, that process...Read More
Understanding Your Legal Obligations as an Employer of Domestic Workers South Africans employ an estimated 900,000 domestic workers. They assist us with a range of tasks that keep our homes running smoothly – from cleaning and gardening to cooking and childcare, their contributions are invaluable. However, as an employer, it is vital that you recognise...Read More
Property Buyers: The Danger of Not Doing Your Financial Homework “Look before you leap” (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree to anything. Look before you leap! It’s not just a matter of buying the right property at the...Read More
Divorce: Remember to Review Your Will! “It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract from judgment below) Most people when making...Read More
Trustees: Your New Duty to Report Beneficial Owners “National Treasury, therefore, expects that if South Africa continues to make significant improvements in effectiveness and swiftly exits grey listing, it will have a limited impact on financial stability and costs of doing business with South Africa, particularly if South Africa moves speedily to get out of...Read More
Losing Your Property to Acquisitive Prescription “… a person shall by prescription become the owner of a thing which he has possessed openly and as if he were the owner thereof for an uninterrupted period of 30 years or for a period which, together with any periods for which such thing was so possessed by...Read More