The purchase of immovable property by unmarried couples is more than a property shared between them, but it represents a home in which they intend to build a life together. But what are the legal implications for the property once
Herold Gie | Attorneys
Herold Gie | Attorneys is a legal publisher associated with a law firm that provides detailed analyses of South African legal cases and issues. Their blog content covers a range of legal topics including wills and estates, family law and divorce proceedings, consumer protection and negligence, medical negligence and damages claims, as well as employment law and workplace policies. The firm discusses recent court rulings and their implications, illustrating practical legal challenges and interpretations within South African law. Their publications serve to inform legal professionals and the public about evolving legal standards and case law precedents.
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POTHOLE? WHAT POTHOLE? OR WHY COLLECTING DETAILED EVIDENCE IMMEDIATELY AFTER AN ACCIDENT IS SO IMPORTANT
By HGAdmin
A responsible provincial body overseeing road maintenance ought to put up warning signs if a stretch of road was known for having potholes, according to the judge dealing with a recent claim by a motorbiker seriously injured when he hit…
THE MENTOR I DIDN’T HAVE TAUGHT ME THE MENTOR I WANT TO BE
By HGAdmin
By Loraine Strydom.
When I look back on more than two decades in the legal profession, there is one thing I wish I had experienced during the formative years of my career: a female mentor. I did not have someone…
Not Every Heir Gets a Share: The Supreme Court of Appeal Affirms that Spousal Maintenance Could Trump Inheritance
By HGAdmin
In the recent case of De Bruyn v Master of the High Court, Pretoria and Others (1338/2024) [2026] ZASCA 92 involving a deceased estate, the Supreme Court of Appeal (SCA) gave preference to the claim of a surviving spouse to…
The Impeachment of a President – What happens next?
By HGAdmin
In Economic Freedom Fighters and Another v Speaker of the National Assembly and Others, the Constitutional Court held that rule 129I of the rules of the National Assembly was inconsistent with the Constitution of the Republic of South Africa, 1996,…
WHEN A SAFARI GOES WRONG: CAN TOUR OPERATORS HIDE BEHIND DISCLAIMERS?
By HGAdmin
Adventure tourism often promises unforgettable experiences, breathtaking landscapes, close encounters with wildlife, and the thrill of exploring unfamiliar terrain. But when something goes wrong, an important legal question arises: can a tour operator rely on a disclaimer hidden in brochures…
SKIRTING THE CONSUMER PROTECTION ACT IS IT LEGAL TO TRY TO BYPASS THE CPA?
By HGAdmin
Every reader will surely agree that South Africa’s Consumer Protection Act is aimed at doing just that: protecting South African consumers. So, what would the courts say about a company that tries to sidestep this law by insisting that someone…
DIVORCE, A SOLD HOME AND THE RIGHT TO OCCUPY: WHERE THE LAW DRAWS THE LINE
By HGAdmin
Protracted divorce proceedings frequently leave spouses vulnerable and uncertain, especially where disputes arise over the family home. A common question is whether a spouse may rely on their continued occupation therein until the finalisation of the divorce proceedings, even where the property belongs to the other spouse. Divorce proceedings may be aggravated by…
Reputational Risk: High Court Confirms Municipality’s Power To Reject Tenders Based On Reputational Risk
By HGAdmin
In a significant judgment delivered by the Western Cape Division of the High Court on 26 November 2025, the Court in Construction Company (Pty) Ltd v City of Cape Town and Others (2950/2024 ; 22591/2023) [2025] ZAWCHC 552, confirmed that an organ of…
Fraud unravels all: removing the “con” from conveyancing
By HGAdmin
Can the previous registered owner of immovable property successfully rely on the Roman principle of fraus omnia vitiat, or “fraud unravels all”, which would entitle them to restitution of their property? This was the central legal question in a recent matter heard by the high court.
The…