Articles Published - Litigation and Dispute Resolution Archives

All About Property | Storm damage and leased property: Is the tenant, landlord, or body corporate responsible for repairing weather-related damage?

As the cold, rainy weather prevails across South Africa’s coastal provinces and other parts of the country, storm-related property damage is inevitable. Often, this raises uncertainty regarding liability for repairing the damage when a property is leased. Accordingly, when a

All About Property | Major real estate alert: Is a verbal property sale agreement legally binding?

A recent judgment of the Pretoria High Court could have significant implications for South African property law after the court found that an omission in section 2(1) of the Alienation of Land Act (‘the Act’) is unconstitutional for failing to

All About Property | The City of Cape Town tariff case: What the High Court’s ruling means for property owners

Late last month, the Western Cape High Court decisively struck down the imposition of three fixed municipal charges linked to property value bands – much to the delight of many residential and commercial property owners across the City of Cape

Closing the loopholes: Why proposed PIE Act amendments strengthen property rights in South Africa

Earlier this month, government gazetted the much-anticipated Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill (‘the Bill’) for public comment. The Bill proposes various amendments to the PIE Act, which prohibits unlawful evictions from residential property.

All About Property | March 2026

In case you missed it: What the R3 million primary residence exclusion means for homeowners In another notable win for property owners, the capital gains tax exclusion on the disposal of a primary residence has been raised from R2 million

All About Property | When conduct rules meet disability rights: How a washing machine dispute ended up in the SCA

A dispute over a washing machine in a sectional title complex rarely reaches the Supreme Court of Appeal. Yet, in Ncala v Park Avenue Body Corporate, the Court was ultimately required to confront much more than a disagreement over an

All About Property | When deadlines matter: Deposit forfeiture and the Conventional Penalties Act

A relatively recent decision of the Johannesburg High Court provides important guidance on the enforcement of deposit forfeiture clauses in sale agreements and the limited role of the Conventional Penalties Act in relieving defaulting purchasers. Crucially, the judgment is a

All About Property | Property rights alert: Does the ConCourt ruling impact your marriage?

In a seminal and highly publicised ruling, the Constitutional Court recently confirmed a critical legal principle directly impacting married couples’ property rights: Once married, you cannot change your matrimonial property regime by private agreement alone. Instead, a court application under

All About Property | Servitudes and parking disputes: Can your neighbour obstruct garage access?

In a case concerning a parking dispute, a recent ruling from the Western Cape High Court offers important clarity on the contours of how neighbours should exercise their rights in relation to a servitude of right of way – and

Pulse | Muslim marriages: Does issuing a talaq after divorce proceedings have been instituted prevent a spouse from claiming maintenance?

Recently, the Western Cape High Court was tasked with considering the legal effect of issuing a talaq – after formal proceedings to end the marriage have been instituted under the Divorce Act – on the application for interim relief pending