Legal Articles

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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What many sellers don’t realise is that omitting known defects or failing to disclose something like unapproved building plans can later be used as grounds to cancel the sale or claim damages. For buyers, it’s one of the few tools that offers insight into what’s beneath the surface — quite literally.

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Unlike other clauses that govern timelines or responsibilities, a suspensive condition operates as a legal switch. Once the condition is fulfilled — such as securing a bond or providing proof of approved building plans — the agreement "switches on" and becomes binding. If it isn’t fulfilled within the specified timeframe, the contract falls away automatically, with neither party liable for breach.

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The absence of municipal records does not necessarily mean the structures are unlawful, but it can result in practical and legal complications. Buyers may raise objections, banks may withhold bond approval, and conveyancing attorneys may be unable to proceed with registration. In short, missing building plans can stall or derail a transaction — and often do.

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According to Cor van Deventer, director at VDM Attorneys, the Johannesburg Deeds Office continues to face multiple challenges. “We’re dealing with a fire- and flood-damaged building, a reduced team, safety concerns, and chaotic record-keeping,” he explained. “It’s creating enormous pressure, especially for sellers who depend on swift registration to unlock funds.”

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Electric fences may feel like a private matter — your wall, your wires — but they’re actually governed by laws designed to protect people, animals, and property. Improper installation can lead to electric shocks, fires, or disputes with neighbours. With reports of illegal or non-compliant installations on the rise, authorities have doubled down on enforcement.

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