Legal Articles

Court-annexed mediation gives parties the opportunity to resolve disputes with the guidance of a trained mediator, while still operating under the oversight of the court system. It was designed not only to reduce the burden on the courts, but also to make dispute resolution more accessible, affordable, and responsive to the needs of ordinary people.

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Overhanging branches, invasive roots, blocked gutters, leaves in swimming pools, and even damage to driveways or walls are common complaints. But what does the law say, and what remedies are available to property owners?

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South African law generally allows a property owner to cut back branches that hang over their boundary from a neighbour’s tree. Some case authorities differ on whether prior notice to the neighbour is legally required, but the recommended approach is to give reasonable notice.

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Unlike court proceedings, which can be lengthy, costly, and adversarial, mediation is designed to be faster, less formal, and more collaborative. It allows both parties to retain control over the outcome, instead of leaving the decision entirely in the hands of a judge. 

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With completion scheduled for November 2026, the development—170 Grosvenor—promises more than just stylish homes. It offers a secure investment in one of South Africa’s most resilient property markets, supported by the legal expertise of VDM Attorneys to ensure every stage of the project meets the highest regulatory and contractual standards.

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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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