The Supreme Court of Appeal (SCA) handed down a judgment reaffirming that South African courts will not hesitate to pierce the veneer of a trust when it is abused as a vehicle for fraud. In Van Rooyen NO and Another
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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WAR OF WILLS: IS A THUMBPRINT ENOUGH?
By HGAdmin
Many people believe that leaving a will behind prevents family disputes. In most cases this is true. A properly executed will provides clarity and ensures that the deceased’s wishes are carried out. Yet, courts have repeatedly seen instances of the…
ENOUGH IS ENOUGH: WESTERN CAPE HIGH COURT REAFFIRMS THAT COURT ORDERS ARE NOT MERE SUGGESTIONS
By HGAdmin
There must be an end to litigation. This is a fundamental doctrine in South African law and has been reiterated by our judiciary in numerous cases. But what happens when a litigant refuses to abide by court orders and resorts to lawfare tactics to circumvent…
NEEDLE IN THE BUN
By HGAdmin
A night out at a well-known wine farm restaurant in Stellenbosch turned into a medical emergency and a legal battle after a patron swallowed a sharp, needle-like object after ingesting her hamburger. The case, Williams v Beyerskloof Wine Bar (Pty)…
SCA RULES: UNCONSCIOUS CLAIMANTS CANNOT CLAIM FOR PAIN, SUFFERING, OR LOSS OF AMENITIES.
By HGAdmin
When faced with the devastating reality of a loved one being injured and left in a vegetative state, you may wonder what legal remedies are available to you. In June 2025, the Supreme Court of Appeal (SCA) overturned a high…
THAT COUGH SYRUP MIGHT GET YOU FIRED: HOW FLU MEDICINE COULD BREACH NO-ALCOHOL POLICIES
By HGAdmin
It’s flu season; fevers are making the rounds, and medicine sales are on the rise. That said, do you read the labels of the medication you consume? If not, beware – what you swallow to feel better today could cost…
WORKING PAST THE NORMAL RETIREMENT AGE – WHAT ARE THE PITFALLS FOR EMPLOYER & EMPLOYEES ALIKE?
By HGAdmin
For centuries, there was no formal retirement age. The first formal retirement age was introduced by President Truman of the United States of America after the Second World War to make way in the workplace for the returning soldiers. Before…
LEGAL LOOPHOLES: PROPERTY TRANSFERS WITHOUT PAYING TRANSFER DUTY
By HGAdmin
Following the budget speech by the Minister of Finance, as of 1 April 2025, no transfer duty is to be paid on immovable property transactions that fall below the threshold of R1.2 million. This threshold is reviewed annually by the…
AN OCCUPANT HAS ERECTED IMPROVEMENTS ON ANOTHER PERSON’S LAND. CAN I OWN BUILDINGS BUT NOT THE LAND UPON WHICH THE BUILDINGS ARE SITUATED? IF NOT, WHAT ARE MY RIGHTS?
By HGAdmin
Our courts have determined that an occupant who has made improvements — whether useful, necessary, or luxurious — could in certain circumstances have a claim to retain possession until those improvements are properly acknowledged or compensated. This right of retention…
CREDITORS BE WARNED: SCA AFFIRMS THAT ONLY LIQUIDATORS CAN PERFORM RIGHTS AND OBLIGATIONS UNDER UNCOMPLETED CONTRACTS
By HGAdmin
Most recently, the SCA considered an appeal concerning a payment made to Pick ‘n Pay by attorneys on behalf of their franchisee, pursuant a sale of business agreement. In the case of Pick ‘n Pay Retailers (Pty) Ltd v Ramalho,…