Practice
News
- Lawyers
- An Eastern Cape attorney, who had amended a court judgement to suit, has been scrapped from the roll; yawn.
- An advocate, a director of the National Lottery Commission, who had misused R21m for his own purposes, has been ordered to repay this. Good; but no word of any prosecution?
- The LPC has come under fire for a closed-door hearing of accusations against a Cape Town attorney’s sexual harassment case. Remarkable, when a judge, in a similar situation, was not afforded that privilege.
- Ms Mkhwebane’s campaign to have members of the committee that found that she was unfit to hold office has failed in the SCA; the judge having branded her appeal as ‘unmeritorious’. Par for the course in this saga.
- Magistrates, demanding a salary increase of 34%, will be taking on the Prez in court; clearly, they deem themselves a cut above other civil servants!
- Speaking for myself, I have quite often marvelled at the actions of our politicians and Parliament, presumably having been advised by the state legal advisers; others (MPs, no less) clearly, have had similar misgivings: the Speaker, Ms Didiza, however, has come out swinging in their defence, saying that she has unequivocal confidence in their professionalism, competence and integrity! Presumably, she would know.
- Similarly, the actions of the legal teams of some of our more prominent citizens have often amazed me. Perhaps the article on ethics that follows, might serve those of them, who can read, as guidance: https://www.macrobert.co.za/insights/posts/beyond-client-instructions-the-ethics-that-guides-the-legal-practitioner
- The LPC was given a snotklap as a result of superficial audit reports having been used by it for the intended suspension of a practitioner: https://www.saflii.org/za/cases/ZAGPPHC/2025/774.html
- The Association for the Protection of Road Accident Victims (no one would know what APRAV stands for) has publicly said that Gauteng’s civil justice system is nearing collapse owing to the Mandatory Mediation Directive that has become operative in that jurisdiction. Delays are said to amount to 10 years. This refrain has been taken up by the Personal Injury Plaintiff Lawyers Association (Pipla, another incomprehensible acronym) saying that the RAF lacks the capacity to mediate cases at the scale on its plate, with only 3/1000 mediation cases, served on the Fund in the past four months, having been mediated (but not settled!).
- When a board takes on its governing authority: Ithala, whilst under administration, took on the Prudential Authority in court and came quite badly second for its arrogance.
- Yawn: the former RAF CEO Mr Letsoalo, has taken the renewal of his contract to the CCMA. Certainly a man of great expectations!
- An allegation by Lt-Gen Mkhwanazi that the disbandment of the prosecutorial team, investigating political killings, is now being investigated by another equivalent. Attaboy!
- Preference shares, having pre-agreed dividend rates and capital redemption profiles, was oft used as dividends on such shares are exempt from income tax in some cases. This construction might not last: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Corporate-Commercial/Downloads/Corporate-Commercial-Alert-19-August-2025.pdf
- Much has been said about the new Divorce Bill under construction: the fact is that the amendments, to be made, have been pre-judged upon by the Concourt and is, or should be, general knowledge amongst practitioners.
- Intergenerational wealth, trusts and tax is the topic of the following article; worth a read for those not well-versed in such matters: https://www.moneyweb.co.za/in-depth/merchant-west/wealth-transfer-101-understanding-taxes-trusts-and-family-dynamics/
Hard news
- An arbitration award cannot be enforced until the review application is finally determined: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Employment-Law/Downloads/Employment-Law-Alert-18-August-2025.pdf
- Popia does not trump the right of the public to participate meaningfully in democratic governance: https://werksmans.com/no-it-is-not-all-about-consent/
- Litigants should note the new rules for magistrates and High Courts: https://www.gov.za/sites/default/files/gcis_document/202508/53149rg11865gon6505.pdf and https://www.gov.za/sites/default/files/gcis_document/202508/53149rg11865gon6504.pdf
- Procedure is not my thing, but, a snippet from the very productive CDH bunch, is that a tax court may alter an assessment in SARS’ favour: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Tax-Exchange-Control/Downloads/Tax-Exchange-Control-Alert-21-August-2025.pdf
- If an attorney drafts documentation for a company, in liquidation, and debits fees against the trust funds held by him on behalf of the company – are these payments void? https://www.saflii.org/za/cases/ZAGPPHC/2025/820.html
Conveyancing/Property
- The Ingonyama Trust had violated our constitution by imposing residential lease agreements with persons living on the land, held in trust by it: https://www.saflii.org/za/cases/ZAKZPHC/2021/42.pdf
- Prescription, running against delivery of property, commences when a contract for the purchase of land is concluded; reciprocal obligations discussed: https://www.saflii.org/za/cases/ZAWCHC/2025/378.html
- An application to interdict the transfer of land, based on an allegation of the owner having fraudulently obtained the land, requires the establishment of a prima facie case of fraud: https://www.saflii.org/za/cases/ZAGPJHC/2025/823.html
Property
Trends
- Average home prices breached the R1.6m mark for the first time, reports BetterBonds; and, furthermore, July’s bond applications were up 14% qoq and 12% yoy.
- The Western Cape still leads building and sales activity, whilst Pretoria seems to be improving but uncertain. Prices in Jo’burg is half that for in Cape Town for a similar property. To a certain extent this is understandable, as the Cape Town CBD has its highest business confidence rating since 2020, according to the CCID.
- The Daily Investor says that the growth in mining, agriculture and tourism in Mpumalanga, Limpopo and North West has resulted in a steady influx of new residents and, resultantly, better sales.
- Because of our market conditions, many consumers are looking to renovating rather than moving.
News
- Cape Town properties have become very expensive? Not really – the growth in the Cape Town property prices has averaged some 6% per annum over the last five years – growth similar to the Satrics; per Lightstone Property. The reason why Cape Town properties appear to be expensive, is that growth elsewhere has been non-existent or modest.
- Self-evident to any conveyancer, but news, nevertheless to the layman, is the use of a general power of attorney when a Seller is not readily contactable (in Afrikaans): https://www.netwerk24.com/sake/eiendomme/waarde-van-volmag-as-n-regsopsie-in-eiendomstransaksies-20250815
- Life-right retirement ‘ownership’ compared with full retirement ownership in a sectional scheme (in Afrikaans): https://www.netwerk24.com/sake/eiendomme/slim-met-eiendom-navigeer-die-regskompleksiteite-van-aftreeoorde-20250809
- The cost of sectional scheme living is the subject of a note by Cliffe Decker: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Real-Estate-Law/Downloads/Real-Estate-Law-Alert-19-August-2025.pdf
- And, hot on the heels of the above: https://businesstech.co.za/news/property/836033/south-africans-warned-to-think-twice-before-buying-a-home-in-a-sectional-title-or-estate/
- Lastly; an interesting note by the Daily Investor deals with fraud perpetrated via AI in property scams (do note the precautionary steps halfway through the article): https://dailyinvestor.com/property/98591/serious-threat-to-south-africas-property-market/
Lighten up
- Filling out a mortgage application is like going on a first date. You promise to be honest, but you still hide your crazy.
- The two-story house: My clients put in an offer on a two-story house. One story before the offer, another story after the offer.
Instead of a cartoon, try this: https://www.youtube.com/watch?v=KnB4FOCgfKs
(warning, adult humour!)