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. 

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315
Vacancy
Can SARS keep secrets?
31 July 2026

Find out when confidential tax information may legally be disclosed. 

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57
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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59
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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58
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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60
Article
No more detours
30 July 2026

A landmark ruling removes procedural barriers in retrenchment disputes.

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59
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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57
Article
A digital shift for community schemes
30 July 2026

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

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43
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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863
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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288
Article
When agreements have limits
02 July 2026

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

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127
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
57
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
59
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
58
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
60
Article

No more detours

30 July 2026

A landmark ruling removes procedural barriers in retrenchment disputes.

READ MORE
59
Article

Dividing more than assets

30 July 2026

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

READ MORE
57
Article

A digital shift for community schemes

30 July 2026

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

READ MORE
43
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
863
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
288
Article

When agreements have limits

02 July 2026

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

READ MORE
127
Article

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Filter: Property law
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.

288
Article
Squabbling with Neighbours? What You Need to Know (Before Things Get Awkward)

13 October 2025

We’ve all been there: the barking dog at midnight, the tree that drops half its leaves in your pool, or... the new wall that ended up a metre into your garden. Neighbour disputes aren’t just about petty squabbles; they can hit your pocket, your peace of mind, and even your property value.South African neighbour law provides a clear framework for resolving disputes between neighbours fairly.

2403
Article
When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse

14 July 2025

“Buyer’s remorse” is a well-known phenomenon that’s led many a property buyer to cast around desperately for a means, any... means, to escape the sale they’ve just tied themselves into. Be careful here – cancelling a sale without sound legal grounds will be a very costly mistake.

898
Article
Resolving Property Disputes in South African Construction Law

26 May 2025

In South Africa, property-related disputes are common and can disrupt construction projects and affect property ownership. Fortunately, South African law... provides clear frameworks to address these issues efficiently.

2263
Article
What You Need to Know About New Consumer Protection Rules in South African Property Deals

19 May 2025

Recent changes in South African property law have introduced stronger consumer protection measures for property buyers. These new regulations focus... on clear disclosure and accountability, ensuring that potential homeowners are well-informed at every step. 

1896
Article
Leaving anything important out of your Property Sale Agreement will sink it

18 July 2023

In what format must your property sale agreement be, and what terms and conditions must it incorporate for it to... be valid and enforceable? We’ll address that question with reference to a recent Supreme Court of Appeal fight over a R4.5m sale of land which was declared void after 7 years of confusion, delay, and wasted opportunity. All because the parties failed to include in their sale agreement a term relating to the subdivision of one of the pieces of land being sold. Our discussion covers what must be included in your sale agreement, what “essential” and “material” terms are, why it matters, and why clarity and certainty are vitally important.

2002
Article
Your Property and Capital Gains Tax

01 March 2021

Primary residence rebate essentially permits an exclusion on Capital Gains Tax for the first R2 million in the disposal of... your primary home. 

1596
Article
Can my minor child inherit my property?

01 September 2020

When drafting a clients’ will, we are often asked whether a minor ( a child under 18) can inherit property?

4044
Article
Married In Community of Property

02 March 2020

Want to purchase a property but you are married in community of property and your spouse is refusing to append... his signature for the purchase of your dream property?

1520
Article
New procedure for lost title deeds in the Deeds offices

02 March 2020

It is a frequent occurrence that clients lose their title deeds, and that the transaction is then delayed due to... the replacement that needs to take place.

2684
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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