News & Articles
Municipal staff may stand for office as councillors
South Africa’s next local government elections are set to be held between November 2026 and February 2027. These elections will certainly be influenced by the declaration of invalidity of Section 71B of the Local Government: Municipal Systems Act 32 of 2000 (“Systems Act”).
Your password, their fraud — but still your dismissal?
The issue of whether an employee can be dismissed if his password is obtained and used by another to commit fraud became the central point in a recent Department of Education case that went all the way to the Labour Appeal Court (LAC). In this article, we explore the events that unfolded and the LAC’s ruling on the matter.
Big brother watching? CCTV in Sectional Titles Schemes
As concerns about safety and crime increase, many property owners are opting to install surveillance cameras in and around their units or sections. But what happens when these cameras face toward another section or overlook common property? In South Africa, while there is no national law that directly regulates CCTV use in residential settings, several pieces of legislation provide some guidance and boundaries.
Can land affected by a servitude still be mortgaged?
What happens when you want to mortgage a property, but it is already subject to a registered servitude? Can both rights co-exist on the same piece of land, or does a servitude prevent the land from being used as security? In this article, we look at the legality of mortgaging land that is encumbered by a servitude and explain how the two rights interact.
Miss the deadline, lose the property
In the context of property transactions, particularly those facilitated by property practitioners, offers to purchase (OTPs) commonly include suspensive conditions, such as a clause requiring a purchaser to obtain financing from a bank or financial institution by a specified date, for the contract to become legally binding. If a suspensive condition is not met by the agreed deadline, the offer to purchase automatically lapses, which in turn renders the contract unenforceable.
Is your Deed of Sale a legally binding document?
When your client sells or purchases a property, the most important document in the sale transaction is the deed of sale. It legally binds the seller and purchaser to the agreement.
Voetstoots: Friend, foe, or fair play?
In South African property law, a voetstoots clause, which translates to “as is,” indicates that the buyer accepts the property in its present state, with all its faults. Sellers seek protection from responsibility for both patent (visible) and latent (hidden) flaws found after the sale by including this clause in their Deed of Sale. This protection isn’t absolute, though, as sellers are still liable if they intentionally hide flaws or commit fraud.
No resolution, no deal: Why a Trust Resolution is non-negotiable
When dealing with trusts in property transactions, both estate agents and conveyancers must exercise caution. One critical legal requirement that is often overlooked is the trust resolution. This is not a mere administrative formality; it is a legal necessity! Without a properly executed trust resolution, the entire transaction may be rendered invalid. This is a common pitfall in practice, but fortunately, it can be easily avoided through proper due diligence. Ensuring that the trust resolution is correctly signed by all trustees and dated on or before the sale agreement will protect all parties involved, including the estate agent.
Employment Equity targets are in. Is your business ready?
Following amendments introduced by the Employment Equity Amendment Act 4 of 2022 (“EEAA”), with key provisions that took effect in January 2025, the Minister of Employment and Labour has now published five-year sectoral numerical targets aimed at addressing equitable representation of designated groups in the workplace.
Underwriter vs Arranger. What’s the difference?
Insurance plays an important role in protecting individuals and businesses against financial loss. However, when claims are denied or disputes arise, resolving them often depends on understanding the roles of key players, especially the underwriter and the arranger. These two professionals operate at different stages of the insurance process, but they both influence how disputes are handled. Understanding their roles helps determine liability, ensures fair treatment, and supports quicker dispute resolution.
To be or not to be: The director’s dilemma
The title of ‘director’ of a company is well-known and often deemed a prestigious accolade. But what exactly does this title entail or expect of the holder thereof? And what happens when a director falls short of the expected standards, particularly when this holds repercussions for shareholders, employees and other stakeholders? In this article, we look a little more closely at what the role of director entails.
No borders, no rules? Cryptocurrency and South African law
South Africa’s exchange control system, managed by the South African Reserve Bank (“SARB”), aims to regulate the movement of capital across borders by South African residents. Historically, this system has overseen the transfer of legal tender, securities, and foreign investments. The emergence of cryptocurrency – decentralised, borderless, and intangible – has challenged the relevance of these longstanding rules.
Signed, sealed… certified!
When buying or selling a property in South Africa, one of the critical steps in the transfer process is ensuring that the property complies with various safety and municipal standards. These requirements are formalised through the issuing of a Certificate of Compliance (COC), which serves as proof that the property meets these legal and safety standards. Without these certificates, the transfer of property cannot be completed, and delays or legal complications may arise. In this article, we look at the main COCs that will be needed to transfer your property and the conditions or requirements relating to each.
New draft code on dismissals: What employers need to know
Clearer. Broader. More focused. The new Draft Code aims to clarify dismissal procedures for misconduct, incapacity, and now, for the first time, fully incorporates operational requirements.
Access to Justice, one community at a time
At PH Attorneys, we believe that the law should be a tool for empowerment, not a privilege limited to a few. That belief is at the heart of our firm’s values and our latest initiative: the launch of a new Access to Justice Unit with the first Justice Centre in Kathu, opening on 1 August 2025, in partnership with Training Portal.
Two wills, one goal: Protecting your estate across borders
In an increasingly globalised world, it’s common for South Africans to hold assets beyond local borders, whether in the form of overseas property, offshore investments, foreign bank accounts, or business interests. However, when it comes to estate planning, international assets add a layer of complexity that a single local will may not adequately address.
SA trusts, offshore heirs, and a 45% surprise
Planning to include a child who’s moved abroad in your South African trust? Recent tax changes mean that the decision could come with a steep cost.
SARS + AI = No place to hide
SARS has entered its AI era — and the taxman is watching more closely than ever. With artificial intelligence now scanning bank records, crypto trades, and lifestyle mismatches, there’s nowhere left to hide.
This heading was AI-generated — your policy shouldn’t be
Artificial intelligence isn’t coming — it’s already here, writing emails, analysing data, and designing presentations. But with great potential comes serious risk.
From courtroom battles to common ground: Mediation and divorce
Mediation in divorce is often mistaken for couples therapy, but it’s an alternative form of dispute resolution — helping separating partners, who agree that their marriage has irretrievably broken down, work through the terms of their divorce with the help of an independent third party.
Selling your property? Watch out for lurking capital gains tax
Before you count your profit, watch out for what’s quietly lurking beneath — capital gains tax. Here’s what every homeowner, investor, and trustee should know before signing on the dotted line…
M&A in SA: Why everyone’s talking about earn-outs
In South African private mergers and acquisitions (M&A), earn-outs are increasingly used as a tool to bridge valuation gaps and align the interests of buyers and sellers. These mechanisms are especially relevant in the current uncertain markets, where the future performance of target entities is difficult to predict, or when management shareholders remain involved in the target entity post-acquisition.
Owing SARS money? Here’s what you need to do
Paying taxes is a vital part of maintaining the structure and stability of any nation. Tax provides the government with the resources needed to fund public services, build and maintain infrastructure, support social programs, and ensure national security. But what happens when you are unable to pay your taxes?
Think before you post: Your job might depend on it
Think your personal social media is off-limits to your employer? Think again. This article reveals how online posts can lead to real-world workplace consequences.
Artificial Intelligence: with great power comes great responsibility
2025 marks the 49th anniversary of the June 16 Soweto uprising, where young people protested the imposition of Afrikaans as a medium of instruction in schools, as well as broader injustices of apartheid. The Constitution of the Republic of South Africa now provides for greater access to education and opportunities for the youth.
No youth left behind: Skills, access and opportunities
The theme for youth month in 2025 is: ‘Skills for the changing world – Empowering youth for meaningful economic participation.’
Practical insights into the OECD Corporate Governance principles
Corporate governance plays a key role in guiding the strategic direction of an entity and defining its relationships with stakeholders and shareholders. Effective governance policies, structures and frameworks promote trust, transparency, and accountability, which in turn encourage long-term investment and contribute to economic growth. With so much focus placed on South Africa for matters such as the greylisting and other challenges, the need for adequate corporate governance is even more relevant now than ever. This is also not just the case for state entities, as many may often think, since corporate governance reaches much further than only state entities and must also be considered in the public and private sectors.
Share buybacks in South Africa
Share buybacks or share repurchases are transactions involving a company that buys back shares from one or more of its shareholders. Companies conclude share buybacks for various reasons, such as providing capital to their shareholders, providing an avenue for when a shareholder wants to exit the company, as well as increasing the earnings per share by reducing the number of outstanding shares.
Starlink’s signals clear? A policy shift in the ‘space’ for equity
In a previous article published in March, I examined Starlink’s plans to enter the South African market and its dispute with the Independent Communications Authority of South Africa (ICASA), the country’s telecoms regulator. The dispute relates to licensing requirements under the Electronic Communications Act 36 of 2005, which mandates that 30% of equity in licensed entities be held by historically disadvantaged South Africans, which is part of the country’s Broad-Based Black Economic Empowerment (B-BBEE) policy.
Can a minor inherit a house or farm?
Parents and other family members often bequeath immovable property to their children or grandchildren, or even related family members or third parties. But what is the position when the testator dies and the person standing to inherit is still a minor? Can they inherit? In this article, we look at how this position is dealt with in our law.