'You know you’re winning when you’re being copied.' (Robin Sharma, author of The Monk Who Sold His Ferrari) Whether your business is brand new or well established, you need to protect your trading, product and service names from being unlawfully copied. Often your names (and associated logos and other branding) are essential elements in your business’ goodwill and profitability. It can be disastrous if competitors adopt similar branding in order to confuse customers and diver

'With a verbal agreement you have nothing but air.' (Author and entrepreneur Robert Ringer) 2026 opened with positive signals for our property market after last year’s encouraging GDP forecasts, a credit-rating upgrade and a series of interest rate cuts boosting access to bond finance. All the signs point to a promising year for buyers, sellers and homeowners. But a recent Supreme Court of Appeal (SCA) judgment is a sharp reminder that getting the legalities wrong and in part

'This [the Stalingrad Strategy] is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff. Here, the defendant does not present a meritorious case. This tactic or strategy is named for the Russian city besieged by the Germans in World War II.' (Judges Matter website) Divorce disputes are of course intensely personal and emotionally charged affairs - and

'If you're flogging a dead horse, make sure you're not riding it.' (Josh Stern) Creditors and company directors alike need to know how best to deal with a company in financial distress. Both should learn to recognise the difference between an enterprise that has failed beyond resuscitation and one that, given a chance, can be returned to solvency and success. With that in mind, the law provides you with two main options: Liquidation: Liquidation is the winding up of a company

'All you need is love…and a good lawyer.' (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, dispute, and litigation. A recent High Court fight between an estra

'Dance like no one is watching, but text, post and email like it will be read in court one day.' (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and the Facebook group The scene here is one of Sandton’s large and secure golf estates, whose closed Facebook group, aimed at fostering community spirit, reaches some 1 800 r

'Diplomats operate through deadlock, which is the way by which two sides can test each other's determination.' (Henry Kissinger) Running a business with a partner can work brilliantly - until it doesn’t. When co-directors or shareholders fall out and can no longer see eye to eye, the company can grind to a halt, meaning everyone loses. If the 'deadlock' is just the two sides playing diplomat by testing each other’s determination to fight to the finish, there’s a chance they’l

'Let's choose executors and talk of wills.' (William Shakespeare in Richard II) You may have read one of the many online articles about an electronic will being validated recently by the High Court. Don’t be misled into thinking that electronic wills are now valid as a matter of course - they most certainly are not. Unless and until our Wills Act is updated to say otherwise, not leaving a written and signed will complying with all the Act’s formalities exposes your grieving l

'My New Year’s resolution is to stop procrastinating. I’ll start tomorrow.' (Anonymous) Most New Year’s resolutions are vague, unwritten, and destined to be forgotten in the first week of January’s hustle and bustle. But please don’t neglect this Top Ten list of legal issues that we’ve put together for you. Focus on those that are important to you, taking a few minutes to write down exactly what action you’ll take under each heading. Then set and diarise realistic deadlines t

'I have heard that in war, haste can be folly, but have never seen delay that was wise.' (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of increasingly costly court battles. Which is where Sun Tzu’s warning against delay comes into play because not starting collection in time could defeat your claim entirely. The reason of course is that debts - with o

'Raising kids is part joy and part guerilla warfare.' (Ed Asner, actor with a great sense of humour!) A game-changing judgment from our Constitutional Court sets out new rules for parental leave. The joy of becoming parents and a father’s leave dilemma The birth of a couple’s first child presented them with both a bundle of joy and a practical dilemma. Dad wanted to be the baby’s primary caregiver while his wife carried on running her two businesses, so he asked his employer

'The employer shall ensure, as far as is reasonably practicable, that all persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.' (Occupational Health and Safety Act) The season of goodwill, holidays, celebrations and year-end functions is upon us once again. And with it comes a timely reminder to employers that, while their 'zero tolerance' alcohol-at-work policies may be key to maintaining health and safety in th

'Landlords grow rich in their sleep.' (John Stuart Mill, economist) If you are thinking of buying (or already own) a house or apartment in a residential complex with the idea of renting it out as an Airbnb (whether permanently or on an 'I can make a fortune this Christmas' basis), tread carefully. A recent High Court decision has signalled confirmation that your body corporate or homeowners’ association (HOA) can, within limits, regulate your right to do so. Residents vs Rent

'In the summertime, when the weather is high, you can stretch right up and touch the sky.' (Mungo Jerry) Summer’s here with its blue skies, happy holidaymakers from around the country and the world, and, as always, an upsurge in demand for houses. If you’re going to capitalise on this seasonal upswing, start planning your sales strategy now for selling your house with our simple, practical Seller’s Checklist below. Follow these 10 steps for a successful sale: 1. Ask yourself

'South African drivers, beware! Scammers are issuing fake traffic fines to catch you off guard! Always use AARTO approved collecting agents for your payments.' (Road Traffic Infringement Agency) The national rollout of AARTO ( Administrative Adjudication of Road Traffic Offences) has again been postponed, this time to July 2026. Speculation is that we now won’t see the demerit system implemented before the middle of 2027, but both dates remain provisional until gazetted. Non

'Forewarned is forearmed.' (Wise old proverb) Government keeps assuring us that the long-delayed AARTO (Administrative Adjudication of Road Traffic Offences) system will finally begin its full national rollout on 1 December 2025. Is this another false start or the real thing this time? There have been so many false starts to AARTO over the last fifteen years that many of us will no doubt take the attitude 'I’ll believe it when I see it'… Particularly with all the speculation

'A family name holds the music of generations - it’s the first inheritance we receive.' (Attributed to Irish poet-philosopher John O’Donohue) The Constitutional Court has just confirmed (with some significant adjustments) last year’s High Court ruling that both partners in a marriage have equal rights to choose their surname. Previously, a woman - and only a woman - could choose when marrying to take her spouse’s surname, or to retain her own surname, or to assume a double-ba

When it comes to buying or selling property, understanding the process of property transfer services is essential. This process involves several legal and administrative steps that ensure the ownership of a property is correctly and legally transferred from one party to another. Navigating this process can be complex, but with the right information and support, it becomes much more manageable. Property transfer services cover everything from preparing legal documents to regi

'There's no trust, no faith, no honesty in men.' (William Shakespeare, in Romeo and Juliet) A recent Labour Court decision is a stark reminder to employees that an employment relationship is founded on trust and that any breach of that trust could justify dismissal. Pocketing a 50c coin to balance her till The responsibilities of a bank teller included 'balancing cash daily, reporting differences, as well as maintaining effective security controls, including maintaining a hig

'If you suspect deceit, hit delete!' (Online cybersecurity slogan) October is Cybersecurity Awareness Month, a good time to note that as cybercrime continues to grow, more and more businesses and individuals are falling victim to the dreaded 'BEC' or 'Business Email Compromise' fraud. The million-dollar question: Who takes the hit? Typically in a BEC fraud, email or other electronic communications between a creditor and debtor (often a seller and buyer, or service provider an