On 15 May 2025, the high court handed down a landmark judgment in the case of Standard Bank of South Africa v South African Reserve Bank and Others. The judgment addressed the position of cryptocurrency assets in light of South Africa’s Exchange Control Regulations.
Read the case here:
https://www.saflii.org/za/cases/ZAGPPHC/2025/481.html
5.8 million South African hold a
Herold Gie | Attorneys
Herold Gie | Attorneys Blogs
Blog Authors
Latest from Herold Gie | Attorneys
WHERE DOES THE BUCK STOP IN CASES OF GROSS ABUSE OF A CLOSE CORPORATION’S JURISTIC PERSONALITY?
Although close corporations exist independently of the individuals behind them, it is not a foregone conclusion that these persons are necessarily absolved of personal liability. In the recent judgment of Crous v Wynberg Boys High School and Others 2025 ZASCA 107, the Supreme Court of Appeal (SCA) provided clarity on whether, in terms of…
THE DUEL OVER DUAL CITIZENSHIP: THE LANDMARK 2025 CONSTITUTIONAL COURT DECISION
Citizenship goes to the core of a person’s identity and their sense of belonging. However, the legal status of citizenship plagued many South Africans, sometimes even unbeknown to them, as the South African Citizenship Act 88 of 1995 (“Act”) provided that a South African citizen shall cease to be such citizen if they acquire the…
SEEKING THE COURTS TO INTERVENE IN RESTRAINT OF TRADE DISPUTES? ENSURE THERE IS A ‘PROTECTABLE INTEREST’, ‘RESTRAINT TERMS’ ARE CLEARLY STIPULATED AND ARE ‘REASONABLE’ FOR IT TO DO SO
Sometimes the courts can go for months without hearing any restraint of trade cases. And then, suddenly, there’s a flood – at least three decisions so far this year, all dealing with a restraint of trade dispute and all of them concerning medically-related practices. Between them, they spell out principles that are crucial for consideration…
THE MASTER’S MISSTEP: ACTING OUTSIDE THE SCOPE OF THE TRUST DEED
Factions often arise within groups, communities, or organisations, particularly when financial or other benefits are at stake. However, laws and regulations exist to manage such situations, ensuring that they are not interpreted or manipulated for people’s personal agendas.
This is exactly what happened in the case of Glencore Operations SA (Pty) Limited and Others v …
A USUFRUCT WITH A TWIST
A regular occurrence in the world of the drafting of Wills is when the maker of a Will (the testator/testatrix) expresses a wish to bequeath property to one or more heirs, subject to a usufruct over the property in favour of another heir.
A Will may for example specify that the testator bequeaths his immovable…
ADMINISTRATIVE LAW MEETS ADMINISTRATION OF DECEASED ESTATES
‘‘In our law of succession, the estate of a deceased person does not include rights and liabilities of a purely personal nature attached to that person and that have terminated with the death of the deceased.’’ But what is the legal position when the rights to which the deceased would have been entitled…
TIME’S UP: UNDERSTANDING THE INCEPTION OF PRESCRIPTION IN SOUTH AFRICAN LAW
The constitutional court’s recent decision in Rademeyer v Ferreira sheds a clarifying light on the very point at which a debt relating to a purchaser’s obligations stemming from a sale of property agreement gone wrong, is formed and the time limit within which a seller must enforce those rights before they expire completely. Interestingly, the…
UNPAID ELECTRICITY CHARGES? BE PREPARED TO BE LEFT IN THE DARK!
In January this year the high court delivered a landmark judgment in the case of Body Corporate The Straight v Jansen Madike Katisi. The judgment addresses the issue of non-paying unit owners enjoying an electricity supply at the expense of the body corporate.
Read the case here,
https://www.saflii.org/za/cases/ZAGPJHC/2025/2.html
The matter involved an application for…
EVER HAD AN AGGRAVATING EXPERIENCE AT A POLICE STATION?REST ASSURED – THERE ARE CONSEQUENCES TO MISCONDUCT.
Anyone who has ever had to visit a police station, either to formally report a traumatic criminal incident, or to simply certify a document or two, may have had an experience where service delivery is non-existent, or knowing that their complaint will fall on deaf ears is an all-too-common experience that resonates with most members…