In today’s residential property environment, how you own property is often as important as what you buy. Increasingly, South African investors and high-value homeowners are re-examining traditional ownership models in favour of more structured, strategic solutions. Trusts, Companies and hybrid
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.
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Zambia overhauls its Trade Mark Law: Key Highlights for Brand Owners
Zambia has steered in a new era of trade mark protection with the Trade Marks Act No. 11 of 2023, which became operational on 26 December 2025. This is the first major update to the country’s trade mark system in…
Can You Own a Move? The Serve, the Swing and the IP Reality
The banter between Alcaraz and Djokovic over Alcaraz’s new serve motion at the Australian Open, which allegedly imitates Djokovic’s serve, might be in a very sportsmanlike manner, but there is an element of truth in the underlying question of what…
Changing your Marriage Regime after a Customary Marriage
Couples often make decisions about their marriage regime for sensible reasons. They may be planning a business venture, buying property, protecting children from a prior relationship, or simply trying to manage risk more carefully. In practice, many assume that signing…
When a Cash Purchaser fails to Perform: What Happens if the Deposit is not Paid?
By Conri Botha
In South African property transactions, an Offer to Purchase (“OTP”) is not a mere expression of intent. Once signed by both parties, it is a legally binding contract. However, problems frequently arise when a Purchaser who undertook to buy a…
When Sectional Titles Go Off-Plan: The Legal Risks of Unapproved Alterations, Exclusive Use Areas, and Informal Carports
By Conri Botha
Property owners often assume that once a sectional title scheme is registered, day-to-day changes within sections or exclusive use areas are largely a private matter. Unfortunately, this assumption can expose both sellers and purchasers to significant legal, financial and compliance…
Can you get Married if Home Affairs still reflects you as Married?
By Conri Botha
Many South Africans are surprised to discover that, despite being divorced for years, the Department of Home Affairs (DHA) still reflects their marital status as married. This administrative discrepancy can have serious legal consequences, particularly when attempting to remarry. Legal…
The Blame Game: Who Pays When Products Fail?
When a product breaks, the question of liability arises. Should the consumer, the supplier or the manufacturer carry the cost? In South Africa, the answer is largely determined by the Consumer Protection Act No. 68 of 2008 (the “CPA”) and…
Clause for Concern: Understanding the Risks in Legal Agreements
Contracts are a key part of almost every deal – whether you’re renting an townhouse or forming a joint venture between large companies. Still, many people sign contracts without reading or fully understanding them. This can lead to serious problems,…
How Courts in South Africa Decide on Placement for Vulnerable Children
When a minor child is believed to be in need of care and protection, the law provides a clear framework to ensure the child’s immediate safety and long-term wellbeing. Removal from the home is always a serious step, and once…