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
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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https://heroldgie.com
Latest from Herold Gie | Attorneys - Page 2
SAVING YOUR FAMILY FROM LITIGATION: LESSONS FROM A DISPUTED ELECTRONIC WILL CASE
By HGAdmin
The law is clear on how a will must be signed and witnessed. One of the requirements for a valid will is that the testator must sign each page of the will with what is commonly known as a “wet ink” signature. Ignoring this guideline may lead to a day in court. …
EXCEPTIO NON ADIMPLETI CONTRACTUS – WHEN IS NON-PERFORMANCE JUSTIFIED?
By HGAdmin
Contracts lie at the heart of everyday business dealings. They create expectations, define responsibilities, and set the tone for the business relationship. But what happens when one party claims that they don’t have to perform because you didn’t perform first?…
BREAKING UP A TRUST? THE SCA SAYS NOT SO FAST
By HGAdmin
In the recent case of Lenette Janse De Wit & 2 Others v Toerien De Wit NO & 6 Others 2026 ZASCA 23, the Supreme Court of Appeal (SCA) provided important guidance on the interpretation of section 13 of the…
NEW TOP COURT DECISION AFFECTS ‘TWICE MARRIED’ COUPLES IF CUSTOMARY LAW MARRIAGE COMES FIRST, NO CIVIL MARRIAGE ALLOWED LATER
By HGAdmin
A new Constitutional Court judgment about the validity of customary and civil marriages has huge implications. An untold number of Black couples, married under customary law and later under civil law, are suddenly finding that, in the wake of this…
THE END OF A LEGAL LOOPHOLE: MUSLIM MARRIAGES AND ACCESS TO INTERIM MAINTENANCE
By HGAdmin
An important new judgment will bring relief to many after great uncertainty about what South Africa’s updated divorce laws mean in practice for wives in Muslim marriages. Clarifying the role that talaq (divorce under Muslim marriage laws) plays in the…
You can doubt it, but you can’t dodge it: The hard truth about Court Annexed Mediation
By HGAdmin
The Gauteng Division of the High Court has introduced mandatory court-annexed mediation and the mediation protocol. But what happens when a party simply refuses to cooperate? Can a litigant’s belief that mediation would be pointless excuse them from participating?
This…
CRASH COURSE: PAVING YOUR ROAD FROM FENDER BENDER TO FAIR PAYOUT
By HGAdmin
Each time we get behind the wheel, we assume that traffic shall flow, everything shall go as it should, and we will all get home safely at the end of the day. However, one split second is all it takes…
SOLD VOETSTOOTS, NOT FRAUD-STOOTS: SCA LIFTS THE VEIL ON A FRAUDULENT PROPERTY TRANSACTION IN CAPE TOWN
By HGAdmin
There is creativity, and then there is crafting a property transaction so contrived that even the seller could not be sure who was buying, renovating or occupying her home. What began as an ordinary sale in respect of a Cape…
Dismissal: The truth of a failed polygraph
By HGAdmin
Conducting oneself with integrity is of utmost importance in the provision of security services. Transparency and truthfulness are of such cardinal importance in this area of work that employees are often expected to undergo polygraph testing – the outcome of…