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News and Legal Articles

Voetstoots in South African Property Sales

The voetstoots clause is a common law concept which states that the purchaser buys the property from the seller “as is”, liberating the seller from any obligations for patent (visible) or latent (hidden) flaws, which are often more difficult to find by reasonable scrutiny.

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Antenuptial Contracts in Customary Marriages

While civil marriages automatically allow for the signing of an antenuptial contract, the rules governing customary unions are more complex. 

A common question that arises is: "Can an antenuptial contract be signed after a customary marriage?" 

The short answer is no—unless court approval is obtained.

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Essential Employment Contract Clauses in South Africa

Employment contracts form the foundation of every working relationship, establishing the rights and responsibilities of both employers and employees.

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How ADR Saves You Time & Money in Legal Disputes

Legal disputes can be costly, time-consuming, and emotionally draining. Whether you’re a business owner dealing with a contract dispute or an individual facing a personal legal matter, the traditional litigation process often feels overwhelming.

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How Marriage Contracts Affect Home Loans in South Africa

Whether you enter a civil marriage, customary marriage, or civil union as a same-sex couple, the type of marital contract you choose will directly impact your ability to apply for a home loan, purchase property, or sell real estate in the future.

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What Jozi Residents Need to Know About the Electricity and Water Meter Audit

With ongoing concerns about inconsistent readings, outdated systems, and disputed utility charges, the city is prioritizing an in-depth review of metering records and installations to create a more efficient and transparent billing system.

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Employment Law in South Africa - Your Rights and Responsibilities

Fair treatment of employees and protection of employer’s rights are guaranteed by South Africa’s clearly defined legal framework, which regulates employment relationships.

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Understanding The Process Of Debt Collection In South Africa

In terms of section 11 of the Prescription Act 68 of 1969, some debts expire after 3 years from their initial due date, whilst others, such as debts secured by way of mortgage bonds and other security loans, expire after 30 years.

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Estate Agents and the Duty to Disclose Property Histories

Ethically, if an agent knows that a property has a violent or controversial history, disclosing this information—or at the very least, advising the buyer to conduct further research—aligns with best industry practices.

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A Note on the New Land Expropriation Act by Dr Roelof Botha

Silver Linings

The definition of expropriation remains a concern, but it is important to note that the new Expropriation Act's provisions are subject to the provisions of section 25 of the Constitution, which has not been amended. The latter section requires that compensation be just and equitable.

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