Articles Published - Litigation and Dispute Resolution Archives

Pulse | September 2026

Can a surviving spouse’s maintenance claim override a property inheritance? Recently, the Supreme Court of Appeal considered whether a surviving spouse’s maintenance claim could effectively exhaust a deceased estate, leaving nothing for an heir who had been bequeathed immovable property.

Pulse | Can a surviving spouse’s maintenance claim override a property inheritance?

In De Bruyn v The Master of the High Court, the Supreme Court of Appeal (‘the SCA’) recently upheld the Master’s refusal to prohibit a surviving spouse’s maintenance claim which effectively exhausted the estate available for distribution. Although the deceased

Newsflash | High Court declares ‘valid BEE certificate’ requirement for FFCs unconstitutional: What does this mean for property practitioners?

In a significant ruling for property practitioners, the North Gauteng Division of the High Court last week declared section 50(a)(x) of the Property Practitioners Act (‘the PPA’) inconsistent with the Constitution and invalid. As the declaration concerns an Act of

All About Property | September 2026

In this edition of All About Property, we explore an important ruling on whether businesses can circumvent the CPA and when marketing language amounts to misrepresentation in property sales. Expert insights: Can businesses legally avoid the Consumer Protection Act? A

All About Property | Flirting with liability: Can marketing a property as ‘stunning’ land you in hot water?

In the context of property transactions, marketing language is, by its nature, principally intended to present a property in an appealing manner. Accordingly, descriptions highlighting a home’s character or features may understandably influence a potential purchaser’s decision. South African courts

All About Property | Can businesses avoid the Consumer Protection Act? The Promenade Centre judgment and the limits of corporate structuring

The Supreme Court of Appeal’s judgment in the seminal case of Dr Darren Levin Inc. v Promenade Centre addresses a recurring question at the intersection of commercial contracting and consumer protection: Can a supplier structure a transaction through a juristic

All About Property | Construction disputes and prescription: When does a debt arising from a builder’s breach of a warranty to repair major structural defects become due?

In an important ruling in the context of construction disputes, the Supreme Court of Appeal (‘the SCA’) recently considered when a debt arising from a home builder’s breach of the statutory warranty to repair major structural defects becomes ‘due’ for

All About Property | August 2026

In this edition of All About Property, we unpack the City of Cape Town’s proposed Short-Term Letting By-law, explore the latest legal rules and considerations every foreign and non-resident purchaser should know, examine the SCA’s finding regarding the commencement of

Pulse | Limiting RAF’s liability: Can a dependant claim loss of support when a motorcyclist dies by suicide?

Recently, the Supreme Court of Appeal (‘the SCA’) delivered an important judgment on the limits of liability in claims instituted against the Road Accident Fund (‘RAF’). In Road Accident Fund v L M, the Court considered whether RAF could be

Pulse | July 2026

Limiting RAF’s liability: Can a dependent claim loss of support when a motorcyclist dies by suicide? Recently, the Supreme Court of Appeal delivered an important judgment on the limits of liability in loss of support claims against the Road Accident