Legal Articles

A notarial bond is a form of security that allows a creditor to register a legal right over a debtor’s movable property—without taking physical possession of it. It is executed before a notary public and registered in the Deeds Office, giving the bondholder a real right of security enforceable against third parties.

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In South Africa, legal documents often require official certification or verification. Two professionals who perform these duties are a Notary Public and a Commissioner of Oaths—but despite some similarities in their roles, they are not interchangeable.

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Divorce is never easy. Even when it’s mutual, the process can be emotionally exhausting, financially straining, and legally complex. In South Africa, the type of divorce you choose can significantly impact the cost, duration, and emotional toll of the process. Understanding the different types of divorce in South Africa — and how each one works — can help you make informed decisions during a difficult time.

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The legal position is not just about whether a roof contains asbestos. It’s about how that asbestos is managed, what condition it’s in, and how the property is being used.

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The tax treatment of independent contractors is a grey area for many South African businesses—especially when the contractor is closely tied to the company, such as a director or shareholder. It may seem easier (or even more tax-efficient) to have that individual invoice the business each month instead of drawing a formal salary. The core issue is whether the independent contractor truly operates independently, or whether the working relationship fits the legal definition of employment under the Income Tax Act.

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Whether it’s a freelance designer, a tech consultant, or a part-time bookkeeper, hiring someone outside of traditional employment can be cost-effective and efficient. But when the legal foundations are shaky, that flexibility comes with risk.

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In South African law, the difference between an employee and an independent contractor isn’t just a technicality—it determines what rights and protections apply, who carries the legal obligations, and what happens if the relationship breaks down.

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Buyers often walk into the process with a clear idea of their deposit and instalments—only to be blindsided by once-off and ongoing expenses that stretch their budgets thin. These aren't small, incidental charges. They can add up to tens of thousands of rands before you’ve even moved in.

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Mortgage bonds in South Africa are governed by strict legal processes that protect both the lender and the borrower. From the registration of the bond at the Deeds Office to the restrictions placed on a bonded property, these legal frameworks determine what a homeowner can and cannot do with their property while the bond is in place.

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Missing a single payment might not seem like a crisis, but when a mortgage falls into arrears, the consequences escalate quickly.

Once a homeowner defaults, the bank can begin the foreclosure process, which can lead to losing the property, long-term financial damage, and legal action to recover unpaid debt.

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