ArticleHow A Reconsideration Application Gives You A Second Bite At The CherryWhen an urgent eviction order lands without warning – especially while you are outside the country – the sense of helplessness is immediate.South AfricaReal Estate and ConstructionBarnard Inc.
ArticlePurchasing Property In The Name Of A Minor In South Africa: Benefits, Risks, And Legal ImplicationsIt is not uncommon for parents to consider registering immovable property in the name of their minor child, particularly where the purchase is funded in cash.South AfricaReal Estate and ConstructionBarnard Inc.
ArticlePrivate Estate Speeding Fines – Part 2: Clearing Up Some Common Misconceptions About Estates Issuing Fines To Homeowners Following The Mount Edgecombe-CaseIn our recent article "Is it legal to charge fines for speeding transgressions in estates to a homeowner's levies?" we discussed the recent case in the Supreme Court of Appeal ("the SCA")...South AfricaTransportBarnard Inc.
ArticleA Landlord's Guide To Express And Efficient Evictions: Part IConfusion often reigns in circumstances where Landlords want a tenant to vacate a leased premises. This series of articles will delve into the practicalities of the steps to lawfully evict a tenant.South AfricaReal Estate and ConstructionBarnard Inc.
ArticleThe Rights Of Minor Children In South AfricaThis article mainly focuses on the basic rights of minor children in South Africa, from another point of view. We also discuss our responsibility towards ensuring that minor children...South AfricaFamily and MatrimonialBarnard Inc.
ArticleRecovering Long-Overdue Maintenance: Using Sections 26 & 28 Of The Maintenance ActWhen a former spouse stops paying maintenance, months can quickly turn into years of unanswered invoices and growing arrears. In a recent Barnard matter...South AfricaFamily and MatrimonialBarnard Inc.
ArticleDo Post-Commencement Creditors Now Have A Say In Business Rescue?The Supreme Court of Appeal's (SCA) recent decision in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others (2025 ZASCA 5) has fundamentally reshaped the landscape of business.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleKing V: The Plot Twist Your Board Didn't See ComingThe forthcoming publication of the King V Code on Corporate Governance for South Africa (King V)...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleYou Won Your Case. Now What?The day you win is rarely the day anything moves. A judge signs an order; your inbox fills with congratulations; and the person who lost simply… goes quietSouth AfricaCorporate/Commercial LawBarnard Inc.
ArticleUnderstanding Restraints Of Trade Against The Backdrop Of FSCA Debarments In The Brokerage IndustryA restraint of trade can place significant pressure on a broker whose ability to work is already under threat, particularly when combined with an FSCA debarment.South AfricaEmployment and HRBarnard Inc.
ArticleDo Grandparents Have Rights Over Their Grandchildren Under South African Law?South African law does not make specific provisions for grandparents' rights over their grandchildren/grandchild. However, the Children's Act 38 of 2005 does provide an option...South AfricaFamily and MatrimonialBarnard Inc.
ArticleWhen Back To School Just Isn't Cool | A Legal ExplainerFor most children starting school this month – be it ‘big school', ‘new school', ‘high school' or just moving up a grade—nothing will top the excitement...South AfricaFamily and MatrimonialBarnard Inc.
ArticleTrading Places – Determining The Responsibility Of Wealth PlannersIn a recent judgment, the local division of the Gauteng High Court in Johannesburg ordered PSG Wealth Financial Planning (Pty) Ltd to reimburse an investor, Mr. Gerber, more than R800,000 in cash after Gerber's email account was hacked.South AfricaFinance and BankingBarnard Inc.
ArticleUnpacking Section 417 Read With Section 418: From Inquiry To RecoveryWhen it comes to corporate insolvency, few provisions have sparked as much legal and constitutional debate as Section 417 read with Section 418 of the Companies Act 61 of 1973.South AfricaGovernment, Public SectorBarnard Inc.
ArticleHow The New Property Practitioners Act Will Impact Property DevelopersAccreditation and compliance already dominate the operations of South Africa's Property Developers – such as ensuring that the necessary certifications are obtained and that the property...South AfricaReal Estate and ConstructionBarnard Inc.
ArticlePIE Or ESTA | What Is The Difference And Why Does It Matter?The SCA had to decide whether ESTA was applicable in the present circumstances, which would be the case if the land in question was the type...South AfricaReal Estate and ConstructionBarnard Inc.
ArticleRevisiting The Landlord's Hypothec: The Right To Judicially Attach The Goods Of The TenantLandlords are automatically vested with the right to seize the goods of tenants who have defaulted on rental payments to secure their claim, however, before Landlords may do so...South AfricaReal Estate and ConstructionBarnard Inc.
ArticleThe City Of Johannesburg Remains Adamant That The Developmental Levy Will Benefit Economic Growth And Avoid Overburdening The City's Ratepayers.In October 2021, the Johannesburg City Council approved a policy imposing a levy on all new developments to aid in funding the increased infrastructure demands brought about by such developments.South AfricaReal Estate and ConstructionBarnard Inc.
ArticlePassing-Off In South Africa: Protecting Trade Reputation In Competitive MarketsBusinesses strive to stand out and build consumer trust. However, when one party attempts to trade on the reputation of another, passing-off provides a powerful common law remedy.South AfricaConsumer ProtectionBarnard Inc.
ArticleThe Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax ActSection 46 of the Income Tax Act 58 of 1962 (the "ITA") provides roll-over relief where a company distributes shares it holds in another company to its own shareholders...South AfricaCorporate/Commercial LawBarnard Inc.