When does prescription of a debt start?

Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not been acknowledged over a period of three years. This means that a debt prescribes if: You have not acknowledged the debt in the past three consecutive years, either in […]

Municipal debt invalid, the Constitutional Court has ruled

On 23 May 2017, the Constitutional Court heard an application for confirmation of an order of the High Court of South Africa, that declared section 118(3) of the Local Government: Municipal Systems Act, 2000, constitutionally invalid. On 29 August, in a ruling majority written by Justice Edwin Cameron, the court found that upon transfer of […]

Immediate steps following the death of a loved one

The death of a loved one is a difficult process to go through, and when the inevitable occurs, it is important to remember what happens next. The cause of death is determined under 2 categories: natural death, such as illness or heart attack, and unnatural death, such as a suicide or an accident. Natural or […]

How to get divorced if it’s your only option

If a married couple has decided on getting divorced, the process may seem daunting and uncomfortable. However, it can be done efficiently, but there may still be a lot of emotional difficulty involved. It’s important to note that divorce is a last resort in a marriage. If it’s a civil marriage, it needs to be […]

Title deeds when buying or selling property

If you’re planning to buy a new property, you’ll need to get the title deed transferred into your name to prove that you’re the owner of the property. You’ll need the assistance of a lawyer specialising in property transfers (also known as a conveyancer) to help you transfer the title deed into your name. You’ll […]

The basics of creating a Last Will & Testament

Who your property is passed on to depends on whether you have a valid will or not. If you do have a valid will, then your property will be divided according to your wishes stated therein. If you die without a will (called “intestate”), then your property will be divided amongst your immediate family according […]

Is the tenant or landlord responsible for the water leaks?

Questions, and sometimes disputes, often arise between landlords and tenants regarding where the responsibility lies with the maintenance of a property. The simple answer is that tenants can generally only be held responsible for repairs/replacement on the property if the damage was caused by the tenant’s actions, or items that have a short life span, […]

Can I get refunded if I’m sold a defective car?

Ford South Africa has been forced to recall more than 4500 Kuga Ecoboost 1.6 litre models manufactured between December 2012 and February 2014. Ford South Africa’s chief executive Jeff Nemeth announced the recall after more than 50 cases of engine fires had been reported. This incident has raised the question of whether or not a […]

Minimum wage increase

Wage Increase The Department of Labour released a media statement notifying trade unions about the wage increase. Once it becomes enacted as a law, no employee may be paid below the minimum wage, and trade unions are there to ensure that this law is upheld by the employer. South Africa’s labour market is largely characterised […]

How do I cancel a lease?

What happens when a landlord or a tenant wants to cancel a lease? What rules and what legislation apply? What protection does the law provide? If you want to end your lease early, this can be done in situations where: the Consumer Protection Act or Rental Housing Act applies, or there’s a clause in the […]

Can I sue a shopping centre if I slip and fall?

By law, owners of businesses or property are required to take reasonable steps to ensure the safety of the general public. At minimum, owners or managers are required to warn the public of any potential dangers they have caused, are aware of or believe could occur. So if a shopping centre has not met these […]

Am I still liable for my spouse’s debt after divorce?

A husband and wife buy a house together. Their marriage takes a tumble, along with their ­finances, and they have to sell their home and are left with an outstanding mortgage bond. They subsequently got divorced. The couple is concerned about what will happen to the debts and who will be ­responsible for paying them. […]