The lockdown has made it impossible for many businesses to continue trading. Does this mean that tenants that cannot trade are entitled to a remission of their rental? There is no simple answer. Force majeure is an unforeseeable event beyond the control of the parties...

Section 65A of the Magistrates’ Court Act 32 of 1944 (“the Act”) provides a mechanism by which a creditor may recover a debt owed to her after judgment has been granted and the debtor has failed to pay. The main object of the section is to make inquiries into a...

Under common law, parents were regarded as having parental authority or power over their children. With the commencement of the Children’s Act 38 of 2005 (‘the Act’), largely as a result of the development of children’s rights, there has been a shift from parental...

Losing a loved one is always traumatic but it doesn’t have to be an administrative nightmare. By following these simple steps now, you can assist your loved ones once you have passed: Have your will drafted by a professional and ensure it is properly dated, witnessed...

Domestic workers are finally recognised under the Compensation for Occupational Injuries and Diseases Act (COIDA). South Africa’s Constitutional Court has ruled that parts of the COIDA are unconstitutional in that it excludes domestic workers employed in private...

From the very first day the tenant takes occupation of the leased premises, the landlord has a hypothec over the assets on the premises. However, the hypothec only becomes legally enforceable once a Court Order is obtained. Therefore, the tenant is free to remove...