Technology is steadily moving transactions away from paper and wet-ink signatures towards digital documents and electronic signing. Yet many processes in the South African legal profession remain firmly paper based. Is this merely “old-school” practice, or is there sound reason
Herold Gie News
Herold Gie News, published by Herold Gie | Attorneys, covers a range of legal issues primarily focused on South African law. The blog discusses estate and succession disputes, including the validity and execution of wills. It addresses family law matters such as divorce settlements and enforcement of court orders. The blog also explores consumer protection and negligence claims, particularly in the hospitality and food safety sectors. Additionally, it covers labor law topics, including workplace alcohol policies and unfair dismissal cases. The blog analyzes significant court rulings from various levels of the judiciary, providing insights into procedural and substantive legal principles affecting individuals and businesses.
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VARSITY BLUES: IS YOUR STUDENT RES CONSIDERED YOUR “HOME” UNDER THE PREVENTION OF ILLEGAL EVICTION AND UNLAWFUL OCCUPATION OF LAND ACT
By HGAdmin
The concept of what would be considered a ‘home’ in its nature is complex to interpret, it has a wide meaning and to an extent creates injustices such as unlawful evictions as its place under the Prevention of Illegal Eviction…
LOVE ENDS, CO-OWNERSHIP DOESN’T: THE HIGH COURT REAFFIRMS THE RIGHT TO WALK AWAY
By HGAdmin
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…
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…