In South African law, it is commonly known that rental is payable in arrears unless a lease agreement stipulates otherwise. Most lease agreements specifically prohibit a lessee from withholding rental, which alters the legal principle of rental being withheld in circumstances of a failure to perform by the landlord. This article serves to set out when a tenant may refuse to pay or withhold rental and further what the landlord’s rights are. Who are the parties to a lease? Prio

A common misconception parents have is that the maintenance process is overly difficult and intimidating. Many are overwhelmed and often remark, “I didn’t know where to start.” Maintenance is often misunderstood. Some believe it is a favour or optional contribution. Others think it is too complicated or emotionally draining to pursue. Many assume that because the Maintenance Court is designed to be accessible, the process is simple. The truth, however, lies somewhere in betwe

The National Treasury and the South African Revenue Service (SARS) have published draft amendments to the Regulations on the Domestic Reverse Charge (DRC) relating to valuable metals under section 74(2) of the Value-Added Tax Act 89 of 1991. The proposed amendments were released for public comment on 3 June 2026, with stakeholders invited to submit written comments by 30 June 2026. If approved, the amendments are expected to come into effect on 1 August 2026. The DRC mechan

During the ordinary course of an average person’s life, various and isolated contracts and agreements are concluded which will eventually be read together. Your will, marital regime and other elements regarding estate planning is one example of this inevitable interplay between documents of great legal significance. An oversight or a failure to align these documents can result in unintended consequences, particularly for surviving spouses. 1. Your Marital Regime is the Sta

This article provides a practical overview of the legal framework, compliance requirements, and best practices that production companies, agencies, and brands must follow when working with minors. Working with child models can bring authenticity, warmth, and relatability to a commercial production, but it also comes with significant legal responsibilities. Given the heightened level of legal protection afforded to children under South African law, the engagement of minors in

This article examines the mechanisms through which body corporates may recover outstanding levies, alongside the High Court’s caution against the incurrence of excessive legal costs in the recovery process, for which the defendant owner becomes unjustly liable. In the recent High Court ruling of Centenario Body Corporate v Thandeka Mlotya, the Judge refused to grant judgement in favour of the body corporate. Of particular importance, the Judge, disparaged the way in which bod

Introduction Insurance policies are only as valuable as the wording of their contractual provisions. A recent judgment by the Supreme Court of Appeal - AIG South Africa Ltd & Others v Azrapart (Pty) Ltd and Another (898/2024) [2025] ZASCA offers a crucial message for policyholders: insurers cannot rewrite their obligations simply because they later prove to be costly. At the centre of the dispute was the inclusion of business interruption cover in the insurance contract for F

Contracts are meant to create certainty. Yet in practice, most commercial disputes arise precisely because one party believes the other has not honoured what was agreed. Whether it is a commercial agreement, a lease, a service contract, or a settlement agreement, most disputes that reach our courts have one thing in common: an alleged breach of contract. At Ulrich Roux & Associates, we are often consulted only once a dispute has escalated. By that stage, positions have harden

Most people only think about firearm laws when something goes wrong. By then, it is often too late. Imagine this: You keep a licensed firearm at home for protection. One day, a friend asks to “borrow it quickly.” Or you store it temporarily somewhere else. Or you carry it in your car without thinking twice. Later that same day, you are stopped and questions are asked. Suddenly, what you thought was normal becomes a criminal offence. This happens to ordinary, responsible f

Many buyers are surprised by the additional costs that arise during a property transaction. Understanding these costs upfront is essential for effective financial planning and ensures a smooth process from offer to transfer. This guide provides a clear overview of the typical costs associated with purchasing property in South Africa. Transfer Duty and VAT Transfer duty is a tax payable to SARS on property purchases above a certain threshold. For the 2025/2026 tax year, proper

Drug-related offences remain a serious concern in South Africa and are strictly regulated by legislation. Many individuals are uncertain about what the law actually says regarding the use, possession, or distribution of drugs, particularly in light of recent Constitutional Court decisions involving cannabis. This article explains the legal framework governing drug offences in South Africa, the difference between possession and dealing, and the potential legal consequences ind

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