Latest Archives - Page 3 of 65

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

Pulse | When is a seller liable for damp, leaks, and other hidden defects?

In property transactions, discovering hidden damp, leaks, or other defects post-signature is commonplace. Often, purchasers may assume the seller is liable for effecting repairs, while sellers frequently believe that once the property has been sold, responsibility shifts entirely to the

All About Property Newsflash | Major court rulings shaping property law

In this edition of All About Property, STBB’s Darren Brander explores a landmark ConCourt decision and its implications for property developers and we report on the Western Cape High Court’s abolition of the ‘husband’s domicile’ rule. Landmark Constitutional Court judgment

All About Property Newsflash | ‘Husband’s domicile’ rule declared unconstitutional: A turning point for matrimonial property law

In a significant victory for gender equality and the rights of same-sex couples and non-binary persons, the Western Cape High Court has decisively struck down one of the last vestiges of a historically patriarchal approach to matrimonial property law in

All About Property Newsflash | Landmark Constitutional Court judgment on public land deals: Why developers should rethink due diligence

For property developers and investors, acquiring public land has traditionally centred on commercial fundamentals: Securing planning approvals, environmental authorisations, and financing. The Constitutional Court’s landmark judgment in Adonisi v Minister for Transport and Public Works, Western Cape, however, suggests that

Conveyancing Correspondent | The increase to conveyancing fees takes effect

Published earlier than anticipated, the Law Society of South Africa has updated its Guideline of Fees (‘the Guideline’). The Guideline, which delineates recommended fees for conveyancing-related transactions, including property transfers and bond registrations, will apply to all relevant instructions received

All About Property | June 2026

Major real estate alert: Can a verbal property sale agreement be enforced? In a ruling that has sparked heated debate, the High Court recently declared section 2(1) of the Alienation of Land Act unconstitutional for failing to legalise verbal sale

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