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Transfer Duty in South Africa: Key Facts for Property Buyers

13 April 2026,  Maritza du Preez

Transfer duty is the tax you pay when buying property in South Africa, governed by Section 2 of the Transfer... Duty Act 40 of 1949 (TDA). It applies to immovable property and certain real rights, like long-term leases. As the buyer (transferee), you're responsible for paying it within six months of signing the offer to purchase. A clear understanding of how transfer duty is calculated, when exemptions apply, and how it interacts with VAT is essential to ensure a smooth and compliant transfer process.

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41
Article
Legal Distinction Between Private and Public Roads

13 April 2026,  Meerushini Govender

A private road is defined as one that is not open to the public and is intended for the use... of specific individuals, such as the owners or occupiers of the properties it serves. The term "private" inherently excludes public access, as established in Berdur Properties (Pty) Ltd v 76 Commercial Road (Pty) Ltd, where the court held that a private road is "not open to the public" and is restricted to the use of particular and privileged persons. This interpretation aligns with the ordinary meaning of "private" as found in authoritative dictionaries and legal precedents.

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41
Article
The Unwritten Rules of War: Nuclear Weapons and International Customary Law

13 April 2026,  Hlubi Hadebe

The prohibition of nuclear weapons remains one of the most contentious issues in international customary law. Events such as the... atomic bombings of Hiroshima and Nagasaki prompted global efforts to limit their use, yet the legal framework governing their use remains deeply contested. Nations in possession of nuclear weapons resist disarmament due to security and sovereignty concerns. To determine whether a binding norm exists, it's important to assess whether a prohibition on nuclear weapons has developed under international customary law. This requires an analysis of the law’s core elements, relevant legal instruments, judicial opinions, and regional treaties. 

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39
Article
Cameras at the Gym: Where Does the Law Draw the Line?

13 April 2026,  Alexi Hugo

You walk into the gym and head toward your workout, while somewhere above you, a small camera quietly records. Most... people hardly notice it, but the presence of surveillance in gyms raises an important legal question: Is this actually allowed, and if so, to what extent?

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56
Article
Phrase it™. Own it™.

25 March 2026

Can influencers own their signature sayings? As AI makes imitation easier, we explore how South African law protects catchphrases.

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61
Article
Your will may need a passport!

25 March 2026

Own assets abroad? A South African will alone may not protect them. Find out how to avoid delays, taxes, and... legal headaches.

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Article

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Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the... High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

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Appeal

Appeal and review support and assistance in all appropriate forums, risk and merit assessment, preparation and lodging of appeal documentation... and records, case management, legal representation, briefing of counsel and all related support services.

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Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and... negotiable instruments, shares and debentures, regulatory compliance, opinions, and drafting of related documentation and agreements.

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Bond Registration and Cancellation

Advice and support regarding the registration and cancellation of mortgage bonds, drafting and preparation of securities, engaging with financiers, preparation... and lodging of documentation with the Deeds Office, engaging with third parties, obtaining all necessary authorities and approvals, management of the registration or cancellation process.

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Child Rights

Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations,... drafting of documentation and agreements, initiation of proceedings and all other matters relating to child rights.

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Commercial Contracting

Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and... audits, risk assessments, negotiation, mediation and dispute resolution.

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Consolidation and Subdivision

Advice and support regarding the consolidation or subdivision of immovable property, including the preparation and lodging of documentation with the... Deeds Office, obtaining all necessary authorities and approvals, engaging with third parties, management of the consolidation or subdivision process.

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Consumer Law

Advice and support in respect of all aspects of legal and regulatory aspects relating to the consumer including business audits,... risk assessments, drafting of policies and procedures, consumer agreements, drafting of forms, terms and conditions, e-commerce and other aspects relating to consumer law.

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Contract Management

Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract... management policies and procedures, standardised contract formats.

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Corporate

Advice and support in respect of entity formation, preparation of founding documentation, registrations, maintenance, amendments, drafting of agreements and resolutions,... and company secretarial and administrative support services

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Advice and support regarding regulatory compliance, corporate governance, risk assessment, decision-making, company secretarial functions, policies and procedures, training, and the... drafting of opinions and documentation.

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Cost Consultancy

Cost consultancy advice and support to law firms and clients in respect of litigious and non-litigious costs, drawing and taxation... of bills of account in all South African Courts, drawing and assessment of non-litigious statements of accounts at Law Councils, and opposing or settling of bills of costs.

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