What Els v Venter means for landlords and tenants A recent Supreme Court of Appeal judgment is a useful reminder that not every residential lease is automatically governed by the Consumer Protection Act 68 of 2008 (CPA), and that a
Barnard Blog
The Barnard Blog, published by Barnard Inc. Attorneys, covers legal issues primarily related to family law, child protection, elder law, and intellectual property disputes within the South African context. It addresses topics such as court procedures for child placement, paternity testing rights, legal obligations to report elder abuse, and safeguarding vulnerable older persons. Additionally, the blog discusses trademark and brand protection matters, including international cases impacting South African creators and businesses. The content focuses on the application of South African statutes and legal frameworks to protect vulnerable populations and intellectual property rights.
Latest from Barnard Blog - Page 2
Purchasing Property in the Name of a Minor in South Africa: Benefits, Risks, and Legal Implications
By Conri Botha
It is not uncommon for parents to consider registering immovable property in the name of their minor child, particularly where the purchase is funded in cash. While legally permissible, this decision carries important consequences that should be carefully considered before…
Platform Takedowns vs. Formal Legal Proceedings: A Practical Guide for Rights Holders in the Digital Age
When a Platform Complaint Is Not Enough Platform takedown tools offer speed, but not legal certainty. This article examines the practical tensions between internal enforcement mechanisms and formal court proceedings for rights holders navigating online infringement under South African law.…
Does a Usufruct Automatically Terminate on Death? Understanding the Legal Process
By Conri Botha
Usufructs are frequently used in estate planning and property transactions in South Africa, particularly where a property owner wishes to grant a surviving spouse or family member the right to use and enjoy a property for the duration of their…
The Benefit of a Section 20 Transaction vs a Normal Offer to Purchase
By Conri Botha
In property transactions within developments, many practitioners and purchasers are familiar with the traditional Offer to Purchase (OTP) structure. However, in certain developments there is an alternative mechanism that can provide significant benefits to both the developer and the purchaser:…
Can an Executor run off with Estate Sale Proceeds?
By Conri Botha
When a property in a deceased estate is sold and transferred to a third party, the purchase price is typically paid into the late estate bank account. A question I am often asked is: “Can the Executor simply take that…
Special Power of Attorney vs General Power of Attorney in Property Transfers: What must be Lodged in the Deeds Office?
By Conri Botha
In property transactions, Powers of Attorney are frequently used, particularly where a Seller or Purchaser is abroad, unavailable, or otherwise unable to sign transfer documents personally. However, there is often confusion between a Special Power of Attorney and a General…
Barnard makes its next move: Dirk Swanepoel appointed as Director from 1 March 2026
By Conri Botha
Barnard is pleased to announce that Dirk Swanepoel will be appointed as a Director with effect from 01 March 2026 – a move that signals real momentum in the firm’s growing Corporate & M&A capability. Dirk currently leads Barnard’s Corporate…
King V: The plot twist your board didn’t see coming
King V brings a new era in the evolution of corporate governance in South Africa The forthcoming publication of the King V Code on Corporate Governance for South Africa (King V) represents a pivotal development in South Africa’s corporate governance…
Nice Classification Edition 13 is now in force
Download the PDF version of this note What it means for your trade marks Effective date: 01 January 2026The 13th Edition of the Nice Classification is now in effect. Nice is the international classification system trade mark offices use (including…