'Words are loaded pistols.' (Jean-Paul Sartre) In June 2018 a couple agreed to buy a house for R1,95 million. The sale was subject to two conditions: that they sell another property within ninety days and obtain a bond for the full purchase price. The other property was sold but the bank approved a bond for less than the amount required. The agreement allowed the seller to accept the lower bond and regard the condition as fulfilled. It was common cause that both conditions ha

'Ignorance of the law excuses no man.' (John Selden) Government is increasing inspections aimed at employers of undocumented foreign nationals. Businesses may be the most obvious targets but an ordinary household employing a domestic worker or gardener is also an employer. The current law prohibits an employer from employing anyone who: is unlawfully in South Africa whose status does not allow them to work or whose documents do not permit the particular work they are doing Em

'The palest ink is better than the best memory.' (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind up the trust? Not so fast. A recent Supreme Court of Appeal decision shows that a founder’s later wishes do not, without a formal amendment, override the terms of the trust deed. In black and white The trust at t

'An ounce of prevention is worth a pound of cure.' (Benjamin Franklin) On New Year’s Day in 2012, the rider was travelling along Airport Road (MR347), between George Airport and Blanco, when his motorcycle struck a pothole approximately 600mm wide. He lost control, collided with a signpost and suffered severe injuries that ultimately required the amputation of his leg. The pothole had existed for several weeks and was difficult to see because its colouring blended with the su

'One ring to rule them all.' (JRR Tolkien in The Lord of the Rings) When it comes to making sure that you get to choose who inherits what from your estate, there really is only 'one will to rule them all', because our law recognises only one type of testamentary will: your 'personal will' or 'Last Will and Testament'. But what about all the advice to put in place a whole range of other 'wills' as well? Do we really need to have an 'offshore will', a 'digital will', a 'busines

'Good fences make good neighbours.' (Robert Frost) The neighbours, in the affluent suburb of Bakoven, had been locked in an acrimonious dispute for almost two decades when CCTV cameras became the latest point of contention. The cameras installed at one property had a clear line of sight into parts of the neighbouring property, including a courtyard, part of a swimming pool and entertainment area and, according to the neighbour, the interior of a bedroom. The cameras also had

'It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.' (Oliver Wendell Holmes Jr) A couple may marry in one country, live in several others, hold different nationalities and eventually settle in South Africa. If the marriage ends, which country’s law governs their financial and property rights? Under South Africa’s old rules, the answer depended on the husband’s domicile at the time of the marriage. Why the old rule

'It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so.' (attributed to Mark Twain) A married couple moved to Australia and rented out their South African family home while they tested the waters Down Under. Years later, once they had decided to remain abroad, they sold the property and gave their tenant notice under a clause that allowed them to cancel the lease on three months' written notice. The tenant argued that the leas

'...the threat of disciplinary action can be held as a sword of Damocles over the heads of employees …' (Supreme Court of Appeal) The Labour Court’s recent reinstatement of a dismissed whistleblower has confirmed that our laws will robustly protect anyone who reports wrongdoing in the workplace. 'The Whistleblower’s Act' removes the Sword of Damocles The Protected Disclosures Act ('PDA') - commonly referred to as the 'Whistleblower’s Act' - protects employees, independent con

'You do not mend a broken vase by handing over a new one.' (Anonymous) When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never happened. The law calls this restitutio in integrum, and a recent Gauteng High Court decision shows that putting the parties back where they started can be a far more exact exercise than simply reversing the transactio

'Things do not go away. They go somewhere.' (Annie Dillard) Many trustees assume that a dormant trust can be safely forgotten. No income, no assets, no transactions… No problem. SARS has made it clear that this assumption may be an expensive one. In recent months, SARS has intensified its focus on trust compliance, targeting trusts that have failed to submit annual income tax returns. What many trustees may not realise is that inactivity does not remove a trust's tax obligati

'By failing to prepare, you are preparing to fail.' (Benjamin Franklin) A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person's ability to manage finances, make legal decisions, sign contracts or deal with property and investments. For many families, the legal implications only emerge when practical problems arise. A bank account needs accessing, a property needs selling or financial decisions must be made for someone who can n

'The single biggest problem in communication is the illusion that it has taken place.' (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46 000 and an apparently legitimate grievance, a landlord's eviction application failed because of a problem many people overlook: the cancellation le

'All’s fair in love and war but not in business.' (Modern twist on the old proverb) Your business is flying after years of hard work and personal sacrifice. Suddenly, your most trusted employees resign and set up in direct opposition to you. The speed with which they do so makes you realise there’s something fishy going on. Sure enough, they are brazenly using your confidential knowledge, resources and client relationships against you. A recent High Court decision provides a

'I can't afford to die; I'd lose too much money.' (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and you’ve laid a solid foundation for protecting your loved ones when you’re no longer around to do so. Hopefully, most of us have already crossed those two essentials off our 'to do' list. But there’s a third step which doesn’t

'The buyer needs a hundred eyes, the seller not one.' (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1,55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle that followed lasted more than a decade. What happened The buyers purchased a residential property in October 2013 after the estate agent described it as being in stunning condition. They took occupation in January 2014. Se

'A creature with a big enough head to make a contract should have the sense to make one it can keep.' (Barbara Kingsolver) A R1,725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price. What happens to the deposit money? A sale that fell apart The seller agreed to sell an agricultural property in Kyalami for R17,25 million. The purchaser paid a deposit of R1,725 million into the estate agent's tru

'The big print giveth and the fine print taketh away.' (Tom Waits) You have almost certainly signed a disclaimer at some point. A waiver before a trail run, an indemnity form before a bungee jump, a clause buried in a brochure. Businesses rely on these documents to limit their exposure when things go wrong. A 2026 Supreme Court of Appeal judgment is a sharp reminder that a disclaimer is only as good as the process behind it, and that courts will not lightly allow a company to

'Justice cannot be for one side alone, but must be for both.' (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court found otherwise. A woman who spent three decades running a home, raising her husband's children, supporting his career and making financial contributions to joint expenses received 40% of his estate. The parties were married out of community of property without the accrual system. The antenuptial contract

'One of the greatest disservices you can do a man is to lend him money that he can’t pay back.' (Jesse H. Jones, entrepreneur) A recent High Court decision provides yet another cautionary tale for lenders. The stakes are high: get this wrong, and you could lose everything. Two big risks for lenders Before you lend, be aware of two major risks that you need to manage. Both are imposed by the National Credit Act (NCA): Not registering as a credit provider: If you lend money wit