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News & Views

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

Latest Articles

The cost of a “Return to Office” order
01 December 2025

Before you call remote employees back to the office, understand the risks.

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10
Article
Can aggressive dogs be taken from Private Property?
01 December 2025

When property rights meet public safety, even your dog may need to be leashed… or impounded.

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4
Article
Drawing a line on fines
01 December 2025

A fresh set of rules is changing the way sectional titles handle fines. Here’s what every resident and trustee needs... to know.

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5
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!

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17
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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111
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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119
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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207
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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374
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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138
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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86
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
110
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
107
Article

The cost of a “Return to Office” order

01 December 2025

Before you call remote employees back to the office, understand the risks.

READ MORE
10
Article

Can aggressive dogs be taken from Private Property?

01 December 2025

When property rights meet public safety, even your dog may need to be leashed… or impounded.

READ MORE
4
Article

Drawing a line on fines

01 December 2025

A fresh set of rules is changing the way sectional titles handle fines. Here’s what every resident and trustee needs... to know.

READ MORE
5
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
17
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
111
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
119
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
207
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
374
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
138
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
86
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
110
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
107
Article

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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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86
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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457
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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132
Article
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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216
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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173
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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170
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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219
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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154
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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143
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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474
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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650
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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499
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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