Legal Articles

Johlene Wasserman, Director of Community Schemes and Compliance at VDM Law, confirmed that the Community Schemes Ombud Service (CSOS) has issued a Practice Directive that represents a substantial shift in how community schemes are regulated and enforced. The directive, signed and published on 18 July 2025, sets out uniform standards for addressing a range of governance issues, including the treatment of pets, the imposition of fines, and the regulation of domestic workers.

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For businesses that regularly purchase pre-owned assets—whether machinery, vehicles, furniture, or even certain fixed property—understanding how notional input VAT on second-hand goods works can create measurable cash flow savings. But it’s not a free-for-all. The rules are technical, the definitions are specific, and non-compliance can result in SARS rejecting the claim entirely.

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We are delighted to announce VDM Attorneys’ new partnership with Access Bank, a dynamic pan-African financial institution with a bold expansion strategy - especially in the South African market.

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Divorce is never simple—but when one spouse is mentally ill or in a prolonged state of unconsciousness, the legal and ethical questions become far more complex. Can a person in such a vulnerable condition be divorced? And if so, are there any safeguards in place to protect them from being financially or legally exploited?

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South African courts will only dissolve a marriage under very specific circumstances. Either the relationship has broken down so completely that there is no chance of restoration, or one spouse is suffering from mental incapacity or continuous unconsciousness that makes the continuation of the marriage untenable. 

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Cognitive decline, psychiatric illness, or catastrophic injury can strip a person of the legal capacity to make financial and personal choices, leaving their assets and wellbeing exposed to risk. In South Africa, the law recognises the gravity of this situation and provides formal mechanisms to protect both the incapacitated adult and their estate.

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Silver Linings by Dr Roelof Botha

Lekker Goeie Nuus, Soos Gewoonlik!

During the last week of July, the Monetary Policy Committee (MPC) of the Reserve Bank cut the repo rate by another 25 basis points – the fifth cut since the modest easing of restrictive monetary policy that commenced in September last year. 

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Among the ADR methods available, mediation and arbitration are the most widely relied upon. Both provide pathways to resolve disputes outside the courtroom, but they differ in structure, cost, enforceability, and strategic purpose. Choosing the right process can determine how effectively, affordably, and sustainably your dispute is resolved — which makes understanding these options essential before taking your next step.

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Alternative Dispute Resolution (ADR) provides individuals and businesses with recognised methods to resolve disputes without going through full court litigation. These processes, which include mediation, arbitration, negotiation, and expert determination, are designed to save time, reduce legal costs, and give parties greater control over the outcome of their matters.

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In property sales, the most contentious issues rarely surface during negotiations — they emerge after transfer, when defects are discovered and expectations collide with reality. South African law draws a clear legal distinction between latent and patent defects, and that distinction often determines who carries the cost when problems arise.

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