Cohabitation is the act of living together as partners without entering into a formal marriage. The concept and practice of cohabitation has become increasingly prevalent in modern society. Cohabitation is however not recognised as a legal relationship in South African law. In reality, partners that live together do not have the same legal rights as married couples. One legal instrument that provides clarity and protection for such partnerships is what we call a Notarial Coha

Recent jurisprudence from the Constitutional Court has added welcomed clarity to the often confusing intersection between customary law, civil marriages and matrimonial property regimes. In VVC v JRM and Others , the Court was asked to confirm a High Court order declaring section 10(2) of the Recognition of Customary Marriages Act 120 of 1998 (“ RCMA ”) unconstitutional. While the Constitutional Court declined to confirm that order, its judgment has far reaching consequences

In July 2014, in Philadelphia, a poetry collective, “ Get Lit ” performed at Brave New Voices. In one of their poems, the following line was delivered: “ Consent is sexy [no]…consent is a basic human right .” The statement captures a principle that lies at the heart of our constitutional government. Consent is a cornerstone of dignity, privacy and bodily autonomy. In the current robust digital age, it is easy to see how frequently consent can be misunderstood or deliberately

This follow up article picks up where the first article ended: not at the roadside, but after the arrest, when the immediate panic turns into a practical question,  “Can they get bail?” . In South Africa, bail is not a “fee for freedom” and it is not automatic. The Constitution protects the right to be released from detention if the interests of justice permit, subject to reasonable conditions, and it also sets strict rules for how quickly an arrested person must be brought b

Insolvency law occupies a delicate space within South Africa’s legal system, requiring a careful balancing of competing interests. On the one hand, it seeks to protect creditors by preventing debtors from shielding assets from lawful claims. On the other, it must respect constitutional values such as property rights, dignity, equality and fairness. Nowhere is this tension more pronounced than in the operation of section 21 of the Insolvency Act 24 of 1936 , which temporarily

Most people only think about their rights when blue lights appear in their rear-view mirror. By then it often feels (and may be) too late.   Imagine being pulled over on your way home, asked to open your boot, and suddenly told you are under arrest, even though you have not been violent, you are not drunk or you were not caught committing any obvious crime. This happens to ordinary, law-abiding people every day.   South African law sets clear limits on when the police may arr

The school transport tragedy in Vanderbijlpark has sparked a debate as to who should be held accountable for the deaths of the pupils. The article analyses whether extreme negligence in fatal motor vehicle accidents can justify murder charges, focusing on the aspects of intention ( dolus eventualis ) versus negligence in South African law. On Monday, 19 January 2026, 14 (fourteen) school children tragically lost their lives when their minibus taxi collided with a truck in Van

In litigation, some of the most damaging risks are often the least visible. Prescription is one such risk. It does not announce itself, it does not depend on the strength of a case, and it does not yield to fairness or good intentions. Once a claim has prescribed, it is legally unenforceable, regardless of how compelling the facts may be.   For attorneys, prescription is a threshold issue. For clients, it is often the reason a matter never reaches court at all.   This article

Economic pressures both locally and internationally have led many South Africans to seek more rewarding opportunities for their labour, or to relocate abroad entirely. While this may involve a new start for some, the South African Revenue Service (“ SARS ”) may still levy taxes on certain individuals.   Residence and Source of Income The point of departure is the definition of ‘gross income’ in section 1 of the Income Tax Act 58 of 1962. For any year of assessment, a South Af

A growing number of South Africans utilise their annual discretionary foreign investment allowance to acquire assets in foreign jurisdictions and/or to invest offshore. If you hold assets (offshore unit trust investments, investment properties, offshore bank accounts, shares etc) overseas or invest offshore the question one is typically faced with is whether one needs to have a separate Will to administer their offshore assets effectively. To determine whether an offshore Wi

Disclaimer: This article is for general information purposes only and does not constitute legal advice. Customs and religious practices differ across communities and families. Individuals are encouraged to seek professional legal advice to understand how their specific cultural and religious traditions fit within South African law and to ensure their rights and associated obligations are properly protected. Recent litigation, involving the “who’s who” of South Africa, dominat

Involuntary admission to rehab may be possible when someone is a danger to themselves or others due to, inter alia, substance abuse. At Ulrich Roux & Associates, we guide our clients through the legal process of admitting a loved one to rehab involuntarily, ensuring that the procedural steps are handled correctly. Addiction can tear families apart, emotionally, financially and physically. When a loved one’s substance use spirals out of control and they refuse help, it is on

Disclaimer: Rules and procedures may differ depending on the particular municipality. The below information is based on the policies of the City of Johannesburg (CoJ) and the City of Cape Town (CoCT) alone, as per the City of Johannesburg’s Credit Control and Debt Collection Policy (June 2022) and the City of Cape Town’s Credit Control and Debt Collection Policy (June 2025). Introduction This article seeks to dissect and scrutinise the procedure that forms the foundation of t

Removal of a director from a company can come with its fair share of issues and hurdles. Section 71 of the Companies Act 71 of 2008 (“ the Act ”) sets out the framework for the removal of directors and distinguishes clearly between removal by fellow directors and removal by shareholders. In this regard however, a company’s Memorandum of Incorporation (“ MOI ”) can provide for additional mechanisms other than those as set out in the Act.   To assist with understanding the comp

Domestic workers constitute an essential part of the South African labour market and are the backbone of many South African households....

Scenario example with minor child, Emily: “ If you don’t pay for Emily’s expenses, then you can’t see or spend time with her .”  “ If you...

The Steinhoff collapse remains South Africa’s most consequential corporate scandal. In December 2017, Steinhoff’s share price imploded,...

South African motorists are regularly stopped at roadblocks and asked to produce their driver’s licence and vehicle documentation. In...

Adoption is a common practice in our society. However, we forget that it is a legal construction that requires specialised legal insight...

The Johannesburg High Court of South Africa has recently introduced a dedicated Insolvency Court, which aims to divert all insolvency...