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
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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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…
Married without accrual? You may still have a claim
By HGAdmin
A recent high court judgment has cast the spotlight on an ever-developing aspect of family law that affects all those married out of community of property with the exclusion of the accrual system.
Spouses who conclude an antenuptial contract may choose to include or exclude the application…
Till Proof Do Us Part
By HGAdmin
Customary marriages in South Africa remain a source of legal disputes, especially when they overlap with civil marriages, inheritance, and the validity of wills. A recent case before the Supreme Court of Appeal (SCA), Tshivhase v Tshivhase N.O. and Another (105/2023) [2025] ZASCA 131,…
THE CAUTIONARY TALE OF PROCEDURAL DILIGENCE: EXHAUST INTERNAL REMEDIES BEFORE SEEKING JUDICIAL REVIEW
By HGAdmin
In a judgment that highlights the importance of exhausting internal remedies before seeking judicial review of an administrative action, the Supreme Court of Appeal (SCA) delivered a unanimous decision in the case of Pine Glow Investments (Pty) Ltd v The…