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News & Views

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

Latest Articles

Selling Your House This Summer? Get Your Ducks in a Row With This Checklist
24 November 2025

Summer has always been a prime time to buy and sell property in South Africa. Everyone’s spirits lift with the... blue-sky weather, the festive season beckons, and holiday travel booms. If you’re planning to take advantage of this seasonal upswing by selling now, get your ducks in a row with our Seller’s Checklist – a simple and practical guide with all the key ingredients for a perfect sales strategy. You’ll be well on your way to a successful sale and a quick and hassle-free transfer!

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8
Article
Panhandle Access to Properties – The Mistakes to Avoid
12 November 2025

You find out after taking transfer of your new house that your property comes with a “right of way” servitude... in favour of your neighbours. That’s bad news not only for your enjoyment of your nice new property, but also for its value.   A recent High Court decision addressed just such a situation. A property buyer found himself saddled unexpectedly with a neighbour happily using the panhandle road across his land. We’ll share some ideas on how sellers, buyers and neighbours can all avoid the same mistakes as were made by the various role players in this case. “You aren’t buying a house, you’re buying a lifestyle.” (Anon)

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67
Article
How ADR Moves Disputes Toward Resolution
12 November 2025

Court cases are often lengthy, expensive, and emotionally draining. Alternative Dispute Resolution (ADR)  offers a practical and effective path forward.... By focusing on collaboration instead of confrontation, ADR allows parties to resolve disputes quickly, privately, and with greater control over the outcome.ADR covers processes such as negotiation, mediation, arbitration, and conciliation, all of which are designed to reduce the burden of litigation while still delivering fair and enforceable results. Here are five ways ADR can help you move your dispute forward.

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74
Article
Navigating Construction Contracts with Confidence
06 November 2025,  Antony Arvan

When the ancient mariners in their merchant ships crossed the unpredictable oceans, they needed meticulous planning and a deep understanding... on what lay ahead in those unchartered waters, to ensure they stayed on course to deliver its cargo on time and were able to navigate challenges and risks they would face on a daily basis, such as the ever-changing weather conditions, rogue waves, headwinds, rocks, fog, and extremely big icebergs.

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156
Article
A landmark judgment for the resolution of disputes in community schemes
06 November 2025,  Antony Arvan

The Supreme Court of Appeal on 17 October 2025 delivered a judgment which has given much needed clarification on the... process to resolve disputes in community schemes, in the matter of Parch Properties 72 (Pty) Ltd v Summervale Lifestyle Estate Owner’s Association and Others (171/2024) [2025] ZASCA

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276
Article
Risk vs Reward: The use of AI in South Africa
29 October 2025

The rise of AI brings both opportunity and risk. See how it’s changing South African law.

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121
Article
Estate planning must be a family affair!
27 October 2025

It’s not just paperwork; it is about family, communication, and leaving a legacy.

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70
Article
Why security is key to successful corporate finance
27 October 2025

Discover how smart security strategies can protect investments and drive growth.

READ MORE
89
Article
Court gives claimants the green light in RAF battle
27 October 2025

The roadblocks are gone: Claimants can now enforce their RAF payouts.

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95
Article
Power play: Who pays when sparks fly?
27 October 2025

How parastatals can be held liable for damage or injury from electricity generation or transmission.

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74
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.

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411
Article
Your House Burns to the Ground: Can You Hold the Seller Liable?
13 October 2025

Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to... hide behind a voetstoots clause in the sale agreement.They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect. We illustrate this in the context of a devastating house fire caused by a dangerous and unlawful building practice. The High Court made short work of holding the seller/developer liable.

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114
Article

Selling Your House This Summer? Get Your Ducks in a Row With This Checklist

24 November 2025

Summer has always been a prime time to buy and sell property in South Africa. Everyone’s spirits lift with the... blue-sky weather, the festive season beckons, and holiday travel booms. If you’re planning to take advantage of this seasonal upswing by selling now, get your ducks in a row with our Seller’s Checklist – a simple and practical guide with all the key ingredients for a perfect sales strategy. You’ll be well on your way to a successful sale and a quick and hassle-free transfer!

READ MORE
8
Article

Panhandle Access to Properties – The Mistakes to Avoid

12 November 2025

You find out after taking transfer of your new house that your property comes with a “right of way” servitude... in favour of your neighbours. That’s bad news not only for your enjoyment of your nice new property, but also for its value.   A recent High Court decision addressed just such a situation. A property buyer found himself saddled unexpectedly with a neighbour happily using the panhandle road across his land. We’ll share some ideas on how sellers, buyers and neighbours can all avoid the same mistakes as were made by the various role players in this case. “You aren’t buying a house, you’re buying a lifestyle.” (Anon)

READ MORE
67
Article

How ADR Moves Disputes Toward Resolution

12 November 2025

Court cases are often lengthy, expensive, and emotionally draining. Alternative Dispute Resolution (ADR)  offers a practical and effective path forward.... By focusing on collaboration instead of confrontation, ADR allows parties to resolve disputes quickly, privately, and with greater control over the outcome.ADR covers processes such as negotiation, mediation, arbitration, and conciliation, all of which are designed to reduce the burden of litigation while still delivering fair and enforceable results. Here are five ways ADR can help you move your dispute forward.

READ MORE
74
Article

Navigating Construction Contracts with Confidence

06 November 2025,  Antony Arvan

When the ancient mariners in their merchant ships crossed the unpredictable oceans, they needed meticulous planning and a deep understanding... on what lay ahead in those unchartered waters, to ensure they stayed on course to deliver its cargo on time and were able to navigate challenges and risks they would face on a daily basis, such as the ever-changing weather conditions, rogue waves, headwinds, rocks, fog, and extremely big icebergs.

READ MORE
156
Article

A landmark judgment for the resolution of disputes in community schemes

06 November 2025,  Antony Arvan

The Supreme Court of Appeal on 17 October 2025 delivered a judgment which has given much needed clarification on the... process to resolve disputes in community schemes, in the matter of Parch Properties 72 (Pty) Ltd v Summervale Lifestyle Estate Owner’s Association and Others (171/2024) [2025] ZASCA

READ MORE
276
Article

Risk vs Reward: The use of AI in South Africa

29 October 2025

The rise of AI brings both opportunity and risk. See how it’s changing South African law.

READ MORE
121
Article

Estate planning must be a family affair!

27 October 2025

It’s not just paperwork; it is about family, communication, and leaving a legacy.

READ MORE
70
Article

Why security is key to successful corporate finance

27 October 2025

Discover how smart security strategies can protect investments and drive growth.

READ MORE
89
Article

Court gives claimants the green light in RAF battle

27 October 2025

The roadblocks are gone: Claimants can now enforce their RAF payouts.

READ MORE
95
Article

Power play: Who pays when sparks fly?

27 October 2025

How parastatals can be held liable for damage or injury from electricity generation or transmission.

READ MORE
74
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.

READ MORE
411
Article

Your House Burns to the Ground: Can You Hold the Seller Liable?

13 October 2025

Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to... hide behind a voetstoots clause in the sale agreement.They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect. We illustrate this in the context of a devastating house fire caused by a dangerous and unlawful building practice. The High Court made short work of holding the seller/developer liable.

READ MORE
114
Article

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What Can You do When a Director Deadlock is Killing Your Company?

13 October 2025

Occasional disagreements are inevitable in all relationships, but when they spiral out of control to the extent that the directors... of a company go to war with each other, the resulting deadlock can make it impossible for the company to continue operating.How can you avoid that happening to your company, and what should you do if it does? We address those questions with reference to a recent High Court fight between directors whose broken relationship killed their profitable business and led to the company’s liquidation.  

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191
Article
The final tax return: understanding taxes at life’s end

01 October 2025

Don’t let taxes surprise your beneficiaries; learn what to expect.

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163
Article
When AI gets it wrong

01 October 2025

Guidelines show how to use AI in arbitrations safely, keeping mistakes, fabrications, and “hallucinations” out of the courtroom.

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159
Article
What will your property transfer cost now?

01 October 2025

The new 2025 fee update may change what you pay on transfers, bonds, and more.

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188
Article
King V: A new era for Corporate Governance

01 October 2025

The latest draft of the King Code brings clarity, ethics, and even AI into the heart of governance.

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141
Article
Redefining ‘I Do’

30 September 2025

South Africa’s new Marriage Bill seeks to unify all marriages under one law with equal recognition for every union.

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132
Article
Why estate disputes can ruin a well-laid estate plan

29 August 2025

Disputed claims can derail an estate plan; discover how to plan ahead and safeguard your legacy.

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465
Article
Getting the value right when trading assets for shares

29 August 2025

Ensure the value of assets and shares match in asset for share transactions to avoid unexpected tax consequences.

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625
Article
Municipal staff may stand for office as councillors

29 August 2025

A Constitutional Court ruling now allows municipal staff to hold political office in a political party, ending the ban that... restricted their political participation.

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490
Article
Your password, their fraud — but still your dismissal?

29 August 2025

If someone else uses your password to commit fraud, can you escape liability? 

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391
Article
Big brother watching? CCTV in Sectional Titles Schemes

29 August 2025

Understand how CCTV is regulated in South African sectional title schemes.

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441
Article
Can land affected by a servitude still be mortgaged?

29 August 2025

Discover how servitudes and mortgage bonds can legally co-exist on the same property.

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399
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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