Understanding surety in South Africa

Thursday, May 8, 2025, 8:18

Suretyship plays a critical role in the financial and legal landscapes of South Africa.  It is a common practice that provides security for creditors by involving a third party who guarantees the debt of a primary debtor.  This blog delves into the concept of surety, its legal implications, and key facts to help you better understand its importance and application in South Africa.

 

The law regarding resigning with immediate effect in South Africa

Tuesday, May 6, 2025, 8:19

Employment in South Africa is governed by various laws and regulations to protect the rights of both employers and employees.  When resigning with immediate effect, certain legal implications come into play.  These laws are primarily derived from the Labour Relations Act and common law principles.

How to have difficult conversations in the workplace

Tuesday, April 29, 2025, 9:25

Various scenarios in today's workplace create potential tensions or anxieties that lead to difficult conversations where the outcome is uncertain.  Therefore, critical (difficult) conversations are avoided, or should they be embraced?

This blog defines five typical business scenarios with practical examples to highlight the purpose and benefits of having difficult conversations.  We will also discuss practical guidelines on how to facilitate an effective difficult conversation, taking you and your colleagues from anxiety to victory.

 

Understanding voetstoots in South Africa

Tuesday, April 15, 2025, 8:19

The term "voetstoots", a Dutch word meaning "as is" or "with all faults," is a fundamental concept in South African property law.  Commonly found in sale agreements, particularly in real estate transactions, this clause has significant implications for both buyers and sellers.  While it can provide protection for sellers, it also places certain responsibilities on buyers to conduct due diligence.  This blog explores what voetstoots is, its purpose, and its legal standing in South Africa.

 

What you need to know about a partnership agreement

Tuesday, April 8, 2025, 8:22

A partnership agreement is a critical legal document that forms the foundation of any successful business partnership in South Africa.  It outlines the rights, responsibilities, and obligations of each partner and serves as a roadmap for how the partnership will operate.  Whether you're starting a small business or formalising a larger partnership, a well-drafted agreement can prevent misunderstandings, protect your interests, and ensure the smooth functioning of your business.

What does a deceased estates administrator do?

Monday, March 31, 2025, 11:43

Author: Leché Swanepoel

 

Losing a loved one is one of the most difficult experiences anyone can go through.  Amid the grief, families are also faced with a complex legal and financial process: the winding up of their loved one’s estate.  It’s a process that can be overwhelming, especially when emotions are still raw.  That’s where deceased estates administrators come in.

'Course in conveyancing' success story: Angela Mokoena

Monday, March 31, 2025, 8:22

Angela Mokoena achieved double admission as an attorney and conveyancer on 14 March 2025 after being the only candidate to pass Paper 1 of the conveyancing exam in Limpopo and achieving the highest mark for Paper 2 in the province during the September 2024 session.  She ranked among the top candidates in the country.

For this achievement, she placed first in the conveyancing exam category at our recent Awards Ceremony.
 

What is the Shifren clause?

Tuesday, March 25, 2025, 8:15

In the matter of SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren and Others 1964 (4) SA 760, the standard non-variation clause, known as "the Shifren clause", was recognised by the Supreme Court of Appeal.  The Shifren principle relates to contractual formalities, specifically those found in a non-variation (or an entrenchment) clause.  Such a clause states that any amendment to a contract will only be effective if the amendment is reduced to writing and signed by all the contracting parties.  The Shifren principal notes that such a formality (being that an amendment or variation must be in

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