Frequently Asked Questions

Generally, no, the National Building Regulations are not fully retroactive. If you're adding to or altering a building, you won't typically have to bring the entire existing structure up to current standards if it was approved under older regulations. However, the new section (alteration or addition) must comply with current regulations. Crucially, if the new work affects the structural strength, stability, existing escape routes, or health aspects of the original building, then necessary changes to the older part may be required to ensure overall safety and health.

Yes, the National Building Regulations define a limited category of "minor building works" that might not require a full plan submission, though often still require permission from the local authority or an application. Examples include:

• Small playhouses/sheds (less than 5 m²)
• Certain types of fences or boundary walls (under 1.8m high, not retaining soil)
• Pergolas (without a solid roof)
• Chicken coops (less than 10 m²)
• Carports with open sides (less than 40 m²)
• Replacing a roof with the same materials without altering the structure. It is crucial to check with your local municipality as requirements can vary, and even for these, specific conditions or notifications might apply.

In most cases, yes, you will need plans and municipal approval for any structural alterations or additions. This includes even seemingly minor works like altering boundary walls. There are very limited exceptions for "minor building works", but it's always safest to consult with a professional or the local municipality.

For most significant alterations or additions, especially those involving structural changes, extending your home, or adding major new structures like garages, you will typically need a professional architect registered with SACAP (South African Council for the Architectural Profession) to prepare the building plans. For very minor non-structural changes, a qualified draughtsman might suffice, but an architect offers comprehensive design and regulatory expertise.

While the Housing Consumer Protection Bill is not yet fully in force, it is significant. It aims to increase consumer protection by regulating home builders, extending liability periods for structural defects from three to five years, and imposing heavier penalties for non-compliance. This means more stringent requirements and potential liability for individuals and construction companies undertaking building work.

VDM Attorneys can provide comprehensive legal guidance throughout your project, including:

• Advising on the necessary approvals and legal requirements.
• Assisting with understanding title deed restrictions and zoning regulations.
• Guiding you through sectional title or HOA approval processes.
• Liaising with architects, surveyors, and the municipality regarding legal compliance.
• Assisting with the conveyancing aspects of sectional title extensions.
• Offering advice on building contracts and dispute resolution.

• Seek recommendations from architects or trusted neighbours.
• Verify their NHBRC registration.
• Ask to see examples of their current or past work.
• Obtain and compare multiple detailed quotes.
• Insist on a comprehensive written building contract outlining the scope, costs, payment schedule, and timeline.
• Ensure they use registered professionals (e.g., electricians, plumbers) for specialised installations.

The timeframe for plan approval varies significantly depending on the municipality, the complexity of the plans, and the workload of the planning department. It can range from a few weeks for straightforward projects to several months for complex ones. It's advisable to factor this time into your project planning.

Yes, absolutely. In addition to municipal approval, you must obtain approval from your Body Corporate. The scheme's conduct rules will outline their internal approval process. If the alteration affects the common property, the external appearance of the building, or extends your unit's boundaries/floor area, it may require a special resolution (75% majority vote) from the Body Corporate.

Similar to sectional titles, you will need to obtain approval from your HOA in addition to municipal approval. HOAs typically have their own building policies or specific clauses in their constitution governing alterations and additions to maintain architectural consistency and community standards within the estate.

Generally, you'll need:

• A copy of your Title Deed.
• A copy of your Surveyor General (SG) Diagram.
• Your property's Zoning Certificate.
• Copies of previously approved building plans (if available).
• Detailed architectural or working drawings (site plans, layout, elevations, sections).
• Structural engineering certificates/drawings if structural changes are involved.
• Fire installation drawings (if applicable).
• Drainage installation drawings.
• Particulars of any existing buildings to be demolished.
• A Conveyancer's Certificate may be required for title deed restrictions.

Building without approved plans is illegal and can lead to severe consequences:

• Stop Work Orders: The municipality can issue a "stop work" order, halting your project.
• Fines & Penalties: You can face significant fines.
• Demolition Orders: The municipality can order the demolition of the unapproved structure at your expense.
• Difficulty Selling: You will likely face major difficulties when trying to sell your property, as banks and buyers require approved plans.
• Insurance Issues: Your insurance might not cover damages to or caused by an unapproved structure.
• Safety Risks: Unapproved structures may not meet safety standards, posing risks to occupants.

If your alterations impact an exclusive use area (e.g., enclosing a patio that is an exclusive use area), this often requires the Body Corporate to formally re-designate or cancel/cede that exclusive use area. A land surveyor may need to prepare a new draft sectional plan after construction, which is a conveyancing process.

A restrictive title deed condition is a limitation or obligation recorded against your property's title deed. These can dictate aspects like building lines (how close you can build to boundaries), maximum building height, the number of dwellings allowed, or the percentage of land that can be built upon. If your proposed alterations violate such a condition, your plans will be rejected. You would then need to apply to the municipality (and sometimes the High Court) for its removal or amendment, which is a lengthy and complex process.

The primary legislation is the National Building Regulations and Building Standards Act 103 of 1977, along with its associated SANS 10400 standards. Local municipal by-laws also play a significant role and can add specific regional requirements.

The local municipality is the approving authority for all building plans. They review submissions to ensure compliance with the National Building Regulations, local by-laws, zoning schemes, and health and safety standards. They issue the final approval for you to commence construction.

Yes, the Body Corporate can refuse your request if it doesn't comply with the scheme's rules, could negatively impact the structural integrity or aesthetic appearance of the building, unreasonably interfere with other owners' enjoyment of their units or the common property, or if you haven't provided sufficient information.

It depends on the type of change. Internal cosmetic renovations like painting or replacing carpets usually don't require permission. However, any alteration that affects the external appearance of your unit, the common property, or the structural integrity of the building will likely require the Body Corporate's approval.   
 

Depending on the nature and extent of your alterations, especially for structural changes or extensions, you may also need to obtain building plan approval from the local municipality. The Body Corporate may require proof of this approval before granting their consent.
 

Typically, you need to submit a written application to the Trustees or the managing agent. This application should clearly describe the proposed alterations and include any supporting documentation like plans, drawings, or structural engineer reports if necessary.

Yes, but alterations to exclusive use areas often still require Body Corporate approval, especially if they affect the common property or the overall aesthetic of the scheme. Check your scheme's rules for specific guidelines.   
 

Enclosing a balcony is usually considered an alteration affecting the external appearance of the building. You will likely need to submit a written application to the Body Corporate with detailed plans and obtain their approval, possibly through an ordinary resolution. Depending on the extent of the enclosure, you might also need approval from the local municipality. 
 

It depends on whether the wall is load-bearing. If it is, removing it could affect the structural integrity of the building and will definitely require Body Corporate approval and likely a structural engineer's report. Even if it's not load-bearing, your scheme's rules might still require permission.

The Body Corporate has the right to instruct you to rectify or remove the unauthorized alterations at your own cost. Failure to comply could lead to further legal action. It's always best to get approval before starting any work.

You will likely be held responsible for any damage caused to the common property as a result of your alterations and may be required to rectify the damage at your own expense. The Body Corporate might also require a deposit upfront to cover potential damages.

A special resolution requires a 75% majority vote (in number and value) of the Body Corporate members. It is typically required for more significant alterations, especially for extensions that increase the boundaries or floor area of your section, as per Section 24 of the Sectional Titles Act. 

Alterations generally involve structural changes, additions, or changes to the external appearance. These usually require formal Body Corporate approval. Renovations typically refer to internal cosmetic upgrades and may only require the Trustees' permission regarding the timing and execution of the work to minimize disruption. However, it's essential to check your scheme's specific rules as the distinction and requirements can vary.
 

Common examples include:

• Enclosing a balcony.
• Installing new windows or security gates.
• Fitting a satellite dish.
• Making any structural changes, such as removing or adding walls.
• Extending your unit's boundaries or floor area.   
• Any changes that alter the aesthetic uniformity of the building.

The rules regarding alterations are usually outlined in your scheme's registered Management Rules and Conduct Rules. You can obtain a copy of these from the Body Corporate, the Trustees, or the managing agent. It's crucial to familiarize yourself with these rules before planning any alterations.

Yes, ADR is subject to prescription laws. Prescription begins when:

• The creditor can claim payment immediately.
• The debtor has no valid defence.

To avoid expired claims, parties must ensure legal proceedings (e.g., summons) begin before the prescription period lapses. Prescription can be interrupted by validly issuing and serving a summons or legal notice if ADR fails.

Yes, divorce mediation offers a less stressful, cost-effective alternative to court battles.

What Is Divorce Mediation?
A neutral mediator helps spouses negotiate issues like asset division, child custody, and maintenance to reach a settlement. Since Mediation Rule 41A was implemented in March 2020, mediation is now mandatory before litigation.

Why Mediation?

• Cost-Effective and Faster than court proceedings
• Reduces emotional strain, especially for children
• Provides tailored, mutually agreed solutions

With the support of a skilled mediator, divorce mediation ensures a collaborative and efficient resolution.

Yes, ADR methods like mediation are commonly used in family law to:

Resolve custody and access disputes.
Develop parenting plans.
Negotiate divorce settlements amicably.
 

Yes, you have the right to handle your own divorce without hiring a divorce lawyer. However, it's strongly recommended to consult with an experienced divorce attorney. Divorce can be a complex process with serious long-term consequences if not handled properly.

Think of it like going to a professional hairdresser instead of attempting to cut your own hair. While you can technically do it yourself, a professional is more likely to achieve the best result. Similarly, if you're not familiar with divorce laws and procedures, navigating the process on your own can lead to costly mistakes, especially when children or assets are involved.

An experienced divorce lawyer will ensure your rights are protected and help you avoid potential pitfalls, leading to a smoother and more successful resolution.

Yes, having legal representation is recommended to:

Advise on your rights and obligations.
Draft agreements resulting from ADR.
Advocate for your interests during arbitration or mediation.

Alternative Dispute Resolution (ADR) provides a faster, cost-effective way to resolve workplace disputes without the need for litigation. Under the Labour Relations Act (LRA) of 1995, ADR options include:

• Bargaining Councils (BCs): For industries like metal, public service, and chemical sectors.
• CCMA: The main forum for industries without bargaining councils, such as retail and IT.
• Private Forums: Bodies like AFSA or Tokiso offer flexible, confidential resolutions.
• Labour Court: For complex disputes like mass retrenchments or strike dismissals if ADR fails.

Process:

1. Disputes start with conciliation, where a neutral mediator seeks a settlement.
2. If unsuccessful, disputes escalate to arbitration (binding decision) or the Labour Court.

Benefits:

• Cost-effective and time-efficient
• Confidential and less adversarial
• Preserves workplace relationships

ADR helps resolve workplace issues efficiently while minimizing emotional and financial strain

A neutral mediator facilitates discussions between parties.
The goal is to reach a mutually acceptable agreement.
The mediator does not impose a decision but helps explore solutions collaboratively.
8. How Does Arbitration Differ from Court Litigation?
Arbitration is less formal, with flexible procedures chosen by the parties.
The process is private, unlike public court hearings.
Arbitration is quicker, and the arbitrator's decision is binding

If no agreement can be reached between the separating parties regarding the division of property, the property will be divided according to their marriage regime, entered into before their divorce, i.e. in community of property or out of community of property (with or without the accrual system).

In contested divorce matters where misconduct was proven against one of the parties/spouses, the Court can use its discretion in how to divide the property in any manner it deems appropriate.
 

ADR is generally more affordable because:

It avoids prolonged court proceedings.
It reduces legal fees and associated costs.
Costs vary based on the complexity of the dispute and the professionals involved.

Mediation: Agreements reached are not automatically binding unless formalized in a written contract.
Arbitration: Decisions are binding and enforceable, similar to a court judgment.

In some cases, courts may recommend or require parties to attempt ADR before proceeding with litigation. However, ADR is usually voluntary unless specified in a contract or court directive.

Cost-Effective: Avoids lengthy and expensive court proceedings.
Quicker Resolutions: Typically faster than litigation.
Confidentiality: Keeps sensitive matters private.
Flexibility: Parties can agree on the rules and procedures.
Preservation of Relationships: ADR methods like mediation encourage collaboration and reduce hostility.

Mediation: A neutral mediator facilitates discussions between parties to help them reach a voluntary agreement.
Arbitration: A neutral arbitrator hears the case and makes a binding decision.
Negotiation: Parties directly engage to reach a mutually acceptable solution.
Conciliation: Similar to mediation, but the conciliator may provide recommendations to guide the parties.
Facilitation: Used for interpersonal or workplace disputes to repair relationships.

Yes, Alternative Dispute Resolution (ADR) is subject to prescription laws. Prescription begins when:

• The creditor can claim payment immediately.
• The debtor has no valid defence to the claim.

To avoid claims expiring, legal proceedings (e.g., issuing a summons) must start before the prescription period lapses. If ADR, such as mediation or arbitration, fails, prescription can be interrupted by issuing and serving a valid summons or court notice.

Understanding these time frames is essential to protecting your rights. Contact us for guidance on ensuring your claims remain enforceable

While ADR is efficient and flexible, it has limitations:

• Unequal Power Dynamics: Weaker parties may face unfair outcomes.
• Lack of Legal Expertise: Mediators may not have the legal depth required for complex cases.
• Enforceability: ADR outcomes may lack proper enforcement without court oversight.
• No Contribution to Legal Jurisprudence: ADR bypasses courts, preventing legal development.
• Resolution Not Guaranteed: Disputes can still escalate to litigation.
• Inconsistent Outcomes: ADR lacks formal rules and precedents.
• Access Issues: Marginalized groups may struggle to access skilled mediators.

Addressing these challenges—through judicial oversight, better access, and redacted publication of awards—can strengthen ADR's role in South Africa

A breach of contract occurs when one party fails to fulfill its obligations as specified in the contract without a lawful excuse.  
 

If parties cannot resolve the dispute through ADR, they can still pursue traditional litigation in court. ADR outcomes may influence court decisions, especially in mediation.

If no agreement can be reached between the separating parties in regards to whom the children will live with and how much child maintenance will get paid, the Court has the authority to make decisions regarding the children. Careful consideration of the circumstances of the matter and facts presented, together with the observation and recommendations made by a Family Advocate, enables the Court to deliver its final judgment.

A period after signing certain contracts during which the consumer can cancel without penalty. However this does not apply to all contracts therefor it is important to see the guidance of your attorney.

ADR refers to processes used to resolve disputes without going to court. These methods, such as mediation, arbitration, and negotiation, offer a faster, more cost-effective, and less adversarial way to settle conflicts.

Mediator: Facilitates communication and guides parties toward a resolution without making a decision.
Arbitrator: Acts like a private judge, reviewing evidence and making a binding decision.

ADR is suitable for a wide range of disputes, including:

Commercial and business disputes
Divorce and family law matters (e.g., custody agreements)
Property disputes
Employment and workplace conflicts
Construction and contractual disagreements
Personal injury claims

In South Africa, each spouse is usually responsible for their own legal fees in a contested divorce. However, the court may order one spouse to pay some or all of the other's legal fees in certain circumstances. 

No, a mediator does not judge the parties or tell them what the solution to their dispute is. It is for them to find a solution that meets their needs and interests. The task of the mediator is to assist them to do this. The mediator will help them to identify the real issues and explore different options for resolving those issues. The mediator assists them, using skills acquired through training and experience, to diffuse conflict and explore options for settlement. If the parties reach agreement the mediator will assist them to draft a settlement agreement. The settlement agreement is enforceable in law as a contract. It can be given additional strength by having it made an order of court, if the parties agree to this. If the parties are unable to settle their dispute through mediation then they may still resort to litigation and adjudication.

Yes, but exceptions are limited and require a formal application to the High Court. The Court may grant an order to amend or rectify an ANC after marriage in specific circumstances, primarily:

• To rectify a genuine error in the contract (though there is also a Deeds Registry process for this).
• Where the contract does not accurately reflect the true intentions or agreement that the parties had before they got married.

The Court process is complex, requires valid reasons, and the Court will ensure that the rights of existing creditors or other third parties are not prejudiced.

Generally, no. Once an Antenuptial Contract has been registered in the Deeds Registry and the marriage has taken place, it cannot be amended or cancelled simply by agreement between the spouses (inter partes). This is a long-standing principle in South African law. Informal agreements or addendums signed after the marriage are typically not legally binding or enforceable as amendments to the ANC.

You can apply to the High Court to change your matrimonial property regime after marriage under Section 21(1) of the Matrimonial Property Act. This is a separate legal process from amending an existing ANC's specific clauses (like donations) after marriage. The Section 21 application also requires both spouses to agree, provide sound reasons, notify all creditors, and satisfy the court that no other person will be prejudiced. If granted, the court authorises the registration of a notarial contract that alters the regime. While related to property division during marriage, this is distinct from changing clauses within an existing ANC.

Yes, factual errors in a registered ANC can often be rectified after marriage without a full High Court application. This process is done by application to the Registrar of Deeds in terms of Section 4(1)(b) of the Deeds Registries Act. Examples of rectifiable errors include mistakes in names, identity numbers, dates of birth, or descriptions of property or policy numbers mentioned in the contract. However, this process is strictly for correcting genuine errors and cannot be used to change the fundamental conditions or terms that were agreed upon in the original contract.

The first and most crucial step is to consult with a qualified attorney specialising in family law or matrimonial property law. They can assess your specific situation, explain the applicable legal requirements and processes (either a High Court application for amendment/rectification or a Section 21 application to change the regime), advise you on the likelihood of success, and guide you through the necessary legal steps

Errors that can typically be rectified via the Deeds Registry process (Section 4(1)(b) of the Deeds Registries Act) are limited to factual inaccuracies. These include:

• Errors in a party's name.
• Incorrect date of birth or identity number.
• Incorrect description of a property mentioned in a donation clause.
• Errors in policy numbers for life insurance policies ceded. This process cannot be used to alter the substance of the agreement.

The difficulty stems from the legal principle that an ANC establishes the matrimonial property system for the entire duration of the marriage and affects not only the spouses but also third parties, particularly creditors. Allowing spouses to easily change the contract after marriage could prejudice creditors who may have conducted business with either spouse based on the registered matrimonial property regime. The legal framework prioritises certainty and the protection of third-party rights.

This is a complex situation with a few factors to consider.

How It Affects Your Home Loan Application

• Individual Credit Scores In South Africa, you and your spouse have separate credit scores. Your spouse's bad credit will not directly affect your credit score.   
• Joint Application When applying for a home loan, lenders will typically assess both your financial situations, including credit scores.
• Your spouse's bad credit could make it more difficult to get a loan or result in less favorable terms (higher interest rates, lower loan amount).
• Applying in Your Name Only Since you are married with an ANC with accrual, you can technically purchase a property in your name only. However, lenders will still consider your spouse's financial situation to some extent, as the property will form part of the joint estate upon divorce or death.

Consult with a lawyer specializing in property law and marital regimes to fully understand the implications of buying a property while married with an ANC with accrual.
 

The process of drafting and signing the antenuptial contract itself usually takes between one and five business days, depending on how quickly both parties can agree on the terms.  After signing, the contract needs to be registered at the Registrar of Deeds, which takes approximately eight business days.  Finally, it can take anywhere from one to three months to receive the fully registered copy of the antenuptial contract.

A "contract marriage" is essentially a marriage where the financial aspects are specifically defined and agreed upon before the marriage takes place. This is achieved through a legal agreement called an Antenuptial Contract (also known as a prenuptial agreement).  This contract outlines how assets and liabilities will be handled both during the marriage and in the event of divorce or death.

Both terms refer to the same type of agreement,  

Prenup Used in the US and other countries.
Antenuptial Contract The term used in South Africa.

The accrual system in South African matrimonial property law is designed to protect the spouse whose estate has grown less during the marriage.  It recognizes that one spouse may have contributed more financially than the other, or that one spouse's career or financial growth may have been limited due to family responsibilities, for example.  The accrual system allows the spouse with the smaller estate to claim a share in the growth of the larger estate upon divorce or death, ensuring a fairer division of the wealth accumulated during the marriage.  Essentially, it aims to equalize the financial gains made by each spouse during the marriage.

Although not legally required, it's strongly recommended that each party have their own lawyer when creating an ANC without accrual.  This ensures independent advice tailored to each person's needs, protects individual interests, helps avoid future disputes, facilitates clear negotiation, and provides an impartial explanation of the contract.  While using one lawyer might seem cheaper initially, the risks of not having independent legal advice outweigh the cost savings.  Separate lawyers are a wise investment to protect each spouse's interests.

Arrange a consultation with the Notary (an attorney with the additional qualification of a Notary Public) before the marriage. The Notary will draft the Antenuptial following the instructions obtained at the consultation and will then arrange for the parties to attend at his/her office to sign the Antenuptial in his/her presence.

The original ANC is sent to the Deeds Office for registration and must be registered within three months of the date of the marriage.

Your ANC without accrual keeps your finances separate during your life, but your will is what determines where your assets go after your death.  You have full testamentary freedom to leave any portion of your estate, including inherited assets, to your spouse in your will.

Here are some of the drawbacks just in brief, discussing these with your attorney is always the best way forward

• No Sharing of Growth
• Need to keep accurate accounting records.
• It can feel unromantic
• Potential for Financial Inequality
• Complex Estate Planning
• Perception Issues
   

Yes, an antenuptial contract (ANC) can be amended after marriage in South Africa, but only with a High Court order. Both spouses must apply for the order and provide valid reasons. The court will also consider the interests of creditors and third parties. 
 

In South Africa, registering an antenuptial contract can take between one and three months. The process can vary depending on the parties involved and the complexity of the contract. 
 

In South Africa, an antenuptial contract (ANC) and a prenuptial contract (prenup) are essentially the same thing. They both refer to a legal agreement entered into by a couple before they get married, outlining how their assets and liabilities will be managed in the event of divorce or death.   

While the term "prenuptial agreement" is more commonly used internationally, in South Africa, the legal term is "antenuptial contract."

 So, if you see either term used in the context of South African law, you can be confident that they are referring to the same type of agreement.   

In South Africa, if you get married without an antenuptial contract (ANC), you will be automatically married in community of property. This means that all assets and liabilities acquired before and during the marriage are shared equally by both spouses. 

Yes.  South African law allows couples who did not enter into an antenuptial contract (ANC) before their marriage to apply to the High Court to register a "postnuptial contract."  This process essentially creates an ANC after the fact.

Not all documents can be apostilled. Generally, public documents issued by South African authorities can be apostilled. Private documents may need to be notarised before they can be apostilled.

Not all documents can be apostilled. Generally, public documents issued by South African authorities can be apostilled. Private documents may need to be notarised before they can be apostilled.
 

The standard processing time for an apostille from DIRCO is around 6 to 7 weeks. Expedited services can reduce this time to 1 to 2 weeks.

Yes, the process can vary depending on whether the destination country is a member of the Apostille Convention. Member countries accept apostilles, while non-member countries require additional authentication steps

Yes, the process can vary depending on whether the destination country is a member of the Apostille Convention. Member countries accept apostilles, while non-member countries require additional authentication steps.
 

With Apostille the process is finalised when the Apostille Certificate and Seal are affixed to the document.
With Embassy attestation all documents must be Authenticated ( Same rules apply and also done by DIRCO) at DIRCO and then presented to the relevant Embassy for Attestation.
The attestation process is More Expensive than the Apostille process as there is an extra step and all Embassy charge an Attestation fee which can be substantial
 

Arbitration in South Africa is designed to be a binding and enforceable process.

1. The Arbitration Award
Once the arbitrator has heard both sides and considered the evidence, they will issue a written, final, and binding arbitration award. This award is similar to a court judgment in that it resolves the dispute between the parties.

2. Enforcing the Award
Generally Binding: In most cases, the parties will comply with the arbitration award voluntarily. This is because the arbitration agreement they signed usually states that the award will be final and binding.

• Making the Award an Order of Court: If one party refuses to comply, the other party can apply to the High Court to have the arbitration award made an order of court. Once the court makes the award an order, it has the same force and effect as a court judgment, and can be enforced in the same way. This may involve:
  • Execution: The winning party can use court processes to seize and sell the losing party's assets to satisfy the award.
  • Contempt of Court: If the losing party still refuses to comply, they can be held in contempt of court, which can lead to fines or even imprisonment.

3. Challenging the Award
Limited Grounds - The grounds for challenging an arbitration award are very limited. This is intentional, as it promotes the finality of arbitration and prevents parties from using delaying tactics.

• Grounds for Challenge: The main grounds for challenging an award include:
  • Procedural irregularities: If the arbitration process was not conducted fairly or in accordance with the arbitration agreement.
  • Bias: If there is evidence of bias on the part of the arbitrator.
  • Public policy: If the award is contrary to the public policy of South Africa.
• Court Review: A party can apply to the High Court to have the award set aside on these limited grounds. However, the court will generally be reluctant to interfere with the award unless there is a clear case of impropriety or illegality.                                                                                                                                                                                                                                                                                                                                                           
  In summary, arbitration awards in South Africa are generally binding and enforceable. The legal framework provides mechanisms to ensure compliance, and courts will only interfere in limited circumstances to uphold the integrity of the arbitration process.                   

• Be Organized: Present your case in a clear and organized manner, with supporting evidence for your claims.
• Be Concise: Avoid unnecessary repetition or lengthy arguments. Get straight to the point.
• Be Professional: Maintain a professional attitude and demeanor throughout the proceedings.
• Listen Carefully: Pay close attention to the arbitrator's questions and instructions, as well as the other party's arguments.
• Seek Legal Advice: It is always advisable to seek legal advice from an experienced attorney who can guide you through the arbitration process.

By adhering to these guidelines, you can ensure that you present your case effectively and maintain a positive and productive atmosphere during the arbitration proceedings.

• Disrespectful Behavior: Avoid interrupting the arbitrator, opposing counsel, or witnesses. Maintain a respectful demeanor throughout the proceedings.
• Misrepresenting Facts: Honesty and transparency are crucial. Do not exaggerate, fabricate, or withhold information.
• Unpreparedness: Ensure you are well-prepared with your evidence, documents, and arguments. Lack of preparation can weaken your case.
• Ignoring Deadlines: Adhere to deadlines set by the arbitrator for submissions and other procedural matters.
• Attempting to Influence the Arbitrator Improperly: Do not engage in ex-parte communication with the arbitrator outside of the formal proceedings.
• Disruptive Conduct: Refrain from any behavior that could disrupt the proceedings, such as shouting, arguing excessively, or making personal attacks.

Irrelevant Information: Focus on presenting information that is directly relevant to the dispute at hand. Avoid rambling or introducing unrelated issues.
Emotional Outbursts: While arbitration can be emotionally charged, it's important to remain composed and avoid emotional outbursts or personal attacks.
Hearsay or Speculation: Stick to presenting factual evidence and avoid relying on hearsay or speculation.
Admitting Fault Unnecessarily: Be cautious about admitting fault or liability unless it is absolutely necessary.
Making False Accusations: Do not make false accusations against the other party or their representatives.
Threatening or Intimidating: Avoid any language or behavior that could be perceived as threatening or intimidating.