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
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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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…
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?…