Protracted divorce proceedings frequently leave spouses vulnerable and uncertain, especially where disputes arise over the family home. A common question is whether a spouse may rely on their continued occupation therein until the finalisation of the divorce proceedings, even where the property belongs to the other spouse. Divorce proceedings may be aggravated by difficulties relating to the division of property, especially where spouses are married out of community…

In a significant judgment delivered by the Western Cape Division of the High Court on 26 November 2025, the Court in Construction Company (Pty) Ltd v City of Cape Town and Others (2950/2024 ; 22591/2023) [2025] ZAWCHC 552, confirmed that an organ of state may decline to award a tender, where contracting with the bidder would expose the institution…

Can the previous registered owner of immovable property successfully rely on the Roman principle of fraus omnia vitiat, or “fraud unravels all”, which would entitle them to restitution of their property? This was the central legal question in a recent matter heard by the high court.  
The matter concerned an attorney who was struck from the roll of legal practitioners and the…

The law is clear on how a will must be signed and witnessed. One of the requirements for a valid will is that the testator must sign each page of the will with what is commonly known as a “wet ink” signature. Ignoring this guideline may lead to a day in court.  
Electronic signature 
In Mmelesi v Mokgoro the high court heard an application for leave to appeal in respect of an earlier judgment handed down…

Contracts lie at the heart of everyday business dealings. They create expectations, define responsibilities, and set the tone for the business relationship. But what happens when one party claims that they don’t have to perform because you didn’t perform first? In South African law, this defence is referred to as the exceptio non adimpleti contractus.…

In the recent case of Lenette Janse De Wit & 2 Others v Toerien De Wit NO & 6 Others 2026 ZASCA 23, the Supreme Court of Appeal (SCA) provided important guidance on the interpretation of section 13 of the Trust Property Control Act 57 of 1988 (TPCA), which deals with, inter alia, the termination…

An important new judgment will bring relief to many after great uncertainty about what South Africa’s updated divorce laws mean in practice for wives in Muslim marriages. Clarifying the role that talaq (divorce under Muslim marriage laws) plays in the South African legal divorce system, three judges of the high court were unanimous: talaq did…