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News & Views

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

Latest Articles

Property Disputes: Common Conflicts and How to Resolve Them
12 March 2025

Property disputes are common in South Africa, especially when it comes to shared properties like sectional title schemes, homeowners' estates,... and neighbouring properties. Knowing the legal options available can help resolve these conflicts effectively.

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25
Article
Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward
12 March 2025

What happens if a buyer can’t get a mortgage bond as specified in the sale agreement but still wants to... continue with the sale on a cash basis? In an ideal world, the buyer waives the bond clause, the sale survives, and both parties reap the rewards.

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16
Article
Vacancy: Full-time onsite Bookkeeper
03 March 2025

MP|W Attorneys, a dynamic law firm in Cape Town, is seeking a skilled Bookkeeper to ensure accurate financial record-keeping and... efficient financial management. The ideal candidate will be detail-oriented, organised, and capable of working effectively in a demanding legal environment. This is a full-time, office-based position.

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369
Vacancy
Merger retrenchments or operational cuts – Where’s the line?
27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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21
Article
New rules: will we say goodbye to unwanted direct marketing?
27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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22
Article
Injured by a hazardous product? Know your rights!
27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

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16
Article
Is your business ready for the new Employment Equity rules?
27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

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20
Article
Are you an Accountable Institution under FICA?
27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

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19
Article
Insolvency, sequestration, and business rescue: What you need to know
19 February 2025

In South Africa, businesses facing financial challenges may need to consider legal options such as insolvency, sequestration, or business rescue.

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40
Article
Reconsideration under Section 17(2)(f): still a safety net?
06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

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32
Article
Navigating harassment in community schemes
06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

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37
Article
POPIA: protecting health and sex life data privacy
06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

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34
Article

Property Disputes: Common Conflicts and How to Resolve Them

12 March 2025

Property disputes are common in South Africa, especially when it comes to shared properties like sectional title schemes, homeowners' estates,... and neighbouring properties. Knowing the legal options available can help resolve these conflicts effectively.

READ MORE
25
Article

Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

12 March 2025

What happens if a buyer can’t get a mortgage bond as specified in the sale agreement but still wants to... continue with the sale on a cash basis? In an ideal world, the buyer waives the bond clause, the sale survives, and both parties reap the rewards.

READ MORE
16
Article

Vacancy: Full-time onsite Bookkeeper

03 March 2025

MP|W Attorneys, a dynamic law firm in Cape Town, is seeking a skilled Bookkeeper to ensure accurate financial record-keeping and... efficient financial management. The ideal candidate will be detail-oriented, organised, and capable of working effectively in a demanding legal environment. This is a full-time, office-based position.

READ MORE
369
Vacancy

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
21
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
22
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

READ MORE
16
Article

Is your business ready for the new Employment Equity rules?

27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

READ MORE
20
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

READ MORE
19
Article

Insolvency, sequestration, and business rescue: What you need to know

19 February 2025

In South Africa, businesses facing financial challenges may need to consider legal options such as insolvency, sequestration, or business rescue.

READ MORE
40
Article

Reconsideration under Section 17(2)(f): still a safety net?

06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

READ MORE
32
Article

Navigating harassment in community schemes

06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

READ MORE
37
Article

POPIA: protecting health and sex life data privacy

06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

READ MORE
34
Article
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Beneficial Ownership reporting: dormant and deregistered trusts

06 February 2025

Is reporting still required for dormant or deregistered trusts? Uncover the key details you need to know! 

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38
Article
Vodacom-Maziv merger blocked: competition vs public interest

05 February 2025

The proposed Vodacom-Maziv merger, combining the largest mobile operator with a key fibre player, highlights the delicate balance between competition... and public interest in mergers.

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48
Article
Employee rights in business transfers

03 February 2025

An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale... taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.

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47
Article
Signed, sealed, (e)-delivered: digital leap for Land Registration System

03 February 2025

Say goodbye to paper trails! The Deeds Registries Amendment Act is transforming South Africa’s land registration system, including amendments, to... a shift to digital. Find out how these game-changing reforms will streamline property transactions and reshape the future of land registration. 

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54
Article
How to resolve property-related disputes

09 December 2024

Property disputes are common but how you should handle them is not always clear. Whether you're dealing with boundary issues...

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215
Article
Capital gains distributions between trusts – who gets taxed?

03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

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73
Article
When and how can a trustee resign from a trust?

03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

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74
Article
Can you challenge maintenance when you’re in arrears?

03 December 2024

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

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68
Article
Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

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65
Article
Slip and trip: who is liable?

27 November 2024

With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they... need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.

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93
Article
Alternative dispute resolution: A cost-effective way to resolve disputes

06 November 2024

Going to court is not for the faint-hearted. Many people seek alternatives to avoid the high costs, prolonged timelines, and ... stressful environments often associated with litigation.

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270
Article
Three ways to protect yourself from the nightmare neighbour in your complex

06 November 2024

It seems that every community has at least one nightmare neighbour who delights in objecting to everything, fighting with residents... and management at every turn, and becoming abusive and aggressive when they don’t get their way.

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237
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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