Best Legal Q&A 2018/2019

Best Legal Q&A is a compilation of top legal articles written by legal professionals practising at member firms in the Phatshoane Henney Group of Associated Law Firms. These articles have been written in response to real-life questions and scenarios encountered by professionals during 2018 across the Phatshoane Henney Group. The articles are written in a hands-on question and answer style offering practical solutions and recommendations that are plain to understand and easy to incorporate into everyday life. This publication is a useful reference tool for both informed and uninformed readers and should be kept at hand as a useful resource for answering some of those difficult daily legal questions.

June 10, 2019
When agreements have limits

When agreements have limits

Maintenance agreements in South Africa have become increasingly popular between parents of minor children as a means of regulating their respective maintenance obligations outside of court. These agreements are a useful tool, allowing parents to exercise a degree of contractual freedom. However, their provisions remain subject to statutory regulation and the overarching principle that contracts must conform to public policy.

Fee or tax? The court decides

Fee or tax? The court decides

With effect from 1 July 2025, the City of Cape Town introduced three new charges on residential rate bills. These charges were challenged by the South African Property Owners’ Association (SAPOA) and AfriForum, who argued that they were unlawful and improperly calculated. The dispute culminated in court applications seeking declaratory orders that the charges were invalid because they were inconsistent with the Constitution, national legislation, and the City’s own By-Laws.

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