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News & Views

News and relevant legal opinion pieces from MP|W and publishing partners

Latest Articles

Prescription and the Home Builder's Warranty: When Does the Clock Really Start Running?
14 August 2026

A homeowner's claim for breach of the statutory home builder's warranty only starts prescribing once the builder has been given... a fair chance to repair the defects and has failed or refused to do so — not from the moment the defects are first discovered.

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143
Article
Vacancy: Associate | Attorney & Conveyancer
07 August 2026

We are seeking the services of a driven and ambitious Associate Attorney and Conveyancer eager to join our property law... department. 

READ MORE
315
Vacancy
Can SARS keep secrets?
31 July 2026

Find out when confidential tax information may legally be disclosed. 

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58
Article
Love, then legacy
31 July 2026

 An antenuptial contract is only the beginning. Discover why estate planning should start before saying "I do".

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60
Article
When payroll becomes a liability
31 July 2026

Employers have important legal obligations when processing emoluments attachment orders. Getting it wrong could prove costly.

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60
Article
Remuneration under the microscope
31 July 2026

Executive remuneration is entering a new era of transparency. Here's what you should know before the next AGM.

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61
Article
No more detours
30 July 2026

A landmark ruling removes procedural barriers in retrenchment disputes.

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60
Article
Dividing more than assets
30 July 2026

A landmark court ruling could reshape how pension interests are treated in divorce.

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58
Article
A digital shift for community schemes
30 July 2026

Discover how CSOS Connect is changing compliance, governance and dispute resolution.

READ MORE
44
Article
Who Bears the Loss When Payment is Made into the Incorrect Bank Account?
13 July 2026,  Antony Arvan

A problem that we are regularly contacted about or hear about relates to payments made by parties into the incorrect... bank account. The most common scenario is that a consumer/ purchaser receives an email attached to an invoice from a supplier/ seller for payment little knowing that the email has been sent by a hacker posing as the supplier/ creditor. Payment is then made by the consumer/ purchaser in good faith into that account reflected on the invoice.

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864
Article
Section 45 Repair Orders in South Africa: What Heritage Property Owners Need to Know in 2026
13 July 2026

What is a Section 45 repair order under the NHRA? Learn when heritage authorities can compel repairs, recover costs, and ... how property owners can protect themselves.

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289
Article
When agreements have limits
02 July 2026

Not every maintenance clause is enforceable. Here's what parents should know before signing.

READ MORE
128
Article

Prescription and the Home Builder's Warranty: When Does the Clock Really Start Running?

14 August 2026

A homeowner's claim for breach of the statutory home builder's warranty only starts prescribing once the builder has been given... a fair chance to repair the defects and has failed or refused to do so — not from the moment the defects are first discovered.

READ MORE
143
Article

Vacancy: Associate | Attorney & Conveyancer

07 August 2026

We are seeking the services of a driven and ambitious Associate Attorney and Conveyancer eager to join our property law... department. 

READ MORE
315
Vacancy

Can SARS keep secrets?

31 July 2026

Find out when confidential tax information may legally be disclosed. 

READ MORE
58
Article

Love, then legacy

31 July 2026

 An antenuptial contract is only the beginning. Discover why estate planning should start before saying "I do".

READ MORE
60
Article

When payroll becomes a liability

31 July 2026

Employers have important legal obligations when processing emoluments attachment orders. Getting it wrong could prove costly.

READ MORE
60
Article

Remuneration under the microscope

31 July 2026

Executive remuneration is entering a new era of transparency. Here's what you should know before the next AGM.

READ MORE
61
Article

No more detours

30 July 2026

A landmark ruling removes procedural barriers in retrenchment disputes.

READ MORE
60
Article

Dividing more than assets

30 July 2026

A landmark court ruling could reshape how pension interests are treated in divorce.

READ MORE
58
Article

A digital shift for community schemes

30 July 2026

Discover how CSOS Connect is changing compliance, governance and dispute resolution.

READ MORE
44
Article

Who Bears the Loss When Payment is Made into the Incorrect Bank Account?

13 July 2026,  Antony Arvan

A problem that we are regularly contacted about or hear about relates to payments made by parties into the incorrect... bank account. The most common scenario is that a consumer/ purchaser receives an email attached to an invoice from a supplier/ seller for payment little knowing that the email has been sent by a hacker posing as the supplier/ creditor. Payment is then made by the consumer/ purchaser in good faith into that account reflected on the invoice.

READ MORE
864
Article

Section 45 Repair Orders in South Africa: What Heritage Property Owners Need to Know in 2026

13 July 2026

What is a Section 45 repair order under the NHRA? Learn when heritage authorities can compel repairs, recover costs, and ... how property owners can protect themselves.

READ MORE
289
Article

When agreements have limits

02 July 2026

Not every maintenance clause is enforceable. Here's what parents should know before signing.

READ MORE
128
Article

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Filter: Insolvency
Considering Using Sequestration to Recover Levies? Think Again

08 April 2026

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow,... sequestration may seem like the obvious next step.

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324
Article
Business Rescue – Is it too late after Liquidation? The Supreme Court of Appeal speaks

16 February 2017

An important new SCA (Supreme Court of Appeal) decision recently addressed the following scenario –A close corporation runs a business... renting out its commercial properties. The properties are bonded to a bank.

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760
Article
Creditors and Debtors: Important new prescription judgement

15 November 2017

Debts prescribe (become uncollectable) after a specified period of time – 3 years for most run-of-the-mill debts but 30 years... for others such as judgment debts, mortgage bond debts, property rates and tax debts.

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1100
Article
Suing an insolvent debtor - can you recover from his trust?

02 July 2018

Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However,... you find out that he is the trustee of a wealthy family trust with lots of assets that you think are really his – can you recover from his trust?

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987
Article
Lending money repayable "on demand": beware prescription!

01 August 2018

You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know... exactly when it starts running.

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1315
Article
Business Rescue: Are Your Suretyships Enforceable? A R5.5m Lesson for Directors and Creditors

03 June 2019

You are owed a lot of money by a company that goes into business rescue. The business rescue plan provides... for creditors like you to accept a dividend of only a few cents in the Rand in settlement of your debt. You stand to lose heavily.

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893
Article
Directors: Reckless Trading and Personal Liability in the Time of Coronavirus

05 June 2020

The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. ... The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave danger of doing so.

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1253
Article
Is sequestration the end of the road, or is there relief?

12 September 2016

I recently read about a well known sportsman being sequestrated. Does it necessarily mean the end for him, or will... his debt simply be written off so he can start over? 

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932
Article
Regsgevolge by die sekwestrasie van ‘n eienaar van grond

20 February 2013

Die sekwestrasie van ‘n eienaar van grond kan kompleks wees en verreikende gevolge inhou vir partye wat belange by die... grond het. Indien u dus ‘n koper, verkoper, huurder of verhuurder van vaste eiendom is of moontlik op skei staan en daar vaste eiendom ter sprake is in die skeigeding, mag die bankrotskap van die ander party of gade van uiterste belang wees vir jou regte ten opsigte van die betrokke grond.

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976
Article

The information in the news and views section relate to recent legal developments, is intended to provide general guidance and does not constitute legal advice. MP|W will not be liable for any loss or damage arising from reliance upon the content of this website.

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