March 10, 2025

Property Ownership Transfer and the Abstract Theory

South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. […]
March 10, 2025

Mediation v Arbitration: What Is the Difference? PART 2

As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an arbitration clause. This type of clause […]
December 9, 2024

Mediation vs Arbitration: What Is the Difference? PART 1

A common trend in commercial contracts is the inclusion of a mediation and/or arbitration clause. As a general point of departure, these clauses require the parties […]
October 31, 2024

Addressing Minority Shareholder Oppression: Effective Remedies

Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Memorandums of Incorporation (MOIs) typically require a 75% […]
October 31, 2024

Registered Antenuptial Contracts vs Agreements Between Spouses

The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries […]
October 31, 2024

Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?

Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South […]
September 30, 2024

Contractual consequences of breaking off an engagement

Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract […]
July 8, 2024

What will happen if you ignore a court order?

Ignoring a court order in South Africa is a serious matter that can lead to significant legal consequences, including being held in contempt of court. This […]
July 8, 2024

How a Latin phrase affected a recent property dispute case

In essence, the Latin phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According to the Prescription Act, a […]
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