News & Articles
Drawing the line on Property Regulation
The recent case involving the Property Practitioners Regulatory Authority (“PPRA”) and Sakeliga NPC (“Sakeliga”) addressed the relationship between licensing requirements in South Africa’s property sector and compliance with the requirements of Broad-Based Black Economic Empowerment (“B-BBEE”). The matter, which originated in 2024, arose after Sakeliga, a business organisation, instituted legal proceedings against the PPRA concerning the potential refusal to issue Fidelity Fund Certificates to certain property practitioners that did not meet the applicable B-BBEE requirements. The Gauteng Division of the High Court, Pretoria, was accordingly required to consider the legal implications of linking the issuance of Fidelity Fund Certificates to B-BBEE compliance.
Why Deceased Estates can take so long
Almost every family has experienced the frustration of a deceased estate taking longer than expected to be finalised. While the administration of estates is governed by the Administration of Estates Act 66 of 1965, which prescribes the legal process and provides timeframes for some stages of the administration, the reality is often more complex. The process involves several institutions, including the Master’s Office, SARS, financial institutions and the Deeds Office, each with its own procedures and turnaround times. As a result, many delays arise from factors beyond the executor’s control. Understanding the most common causes of delay can help families set realistic expectations and appreciate the value of appointing a proactive executor.
The tax affairs that remain after death
Many families assume that tax responsibilities end when a person dies. Death merely shifts those obligations to the executor of the deceased estate. The South African Revenue Service (SARS) requires full compliance before an estate can be wound up and assets distributed to heirs. Failure to meet these requirements can delay finalisation, attract penalties and interest, and prevent the Master of the High Court from discharging the executor.
Your Will is just the beginning
Many people believe that estate planning begins and ends with the signing of a will. While a valid and properly drafted will is essential, it is not a complete estate plan on its own. A will only deals with certain assets and instructions after death, and must be considered together with the client’s trusts, companies, loan accounts, insurance policies, retirement funds, shareholder agreements, family circumstances and tax position. Without this integrated approach, even a well-drafted will may fail to achieve the client’s intended outcome.
Trusts under pressure: Is your compliance up to date?
The implementation of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“the Amendment Act”) has prompted regulatory bodies to strengthen oversight and align South Africa’s regulatory framework with international standards. The South African Revenue Service (“SARS”) is one of the regulators that has intensified its focus on trusts and their compliance obligations. In recent years, SARS has adopted a more rigorous approach to ensuring that trusts comply with both the Amendment Act and applicable tax requirements.
Global families, local estates
Modern South African families are increasingly split across borders, with parents frequently remaining in the Republic while their children build lives overseas. Furthermore, despite relocating, many emigrants continue to hold local property, shares, businesses, or investment portfolios. When the time comes to transfer wealth to the next generation, cross-border families face a severe administrative reality: South African assets must be administered locally, while the outward flow of inheritances triggers complex exchange control and tax compliance hurdles.
Is your Trust still doing what it was meant to do?
A trust is often established at an important stage in a family’s financial journey. Whether the goal is to protect assets, build a legacy for future generations, or support a long-term estate plan, a trust can play a valuable role in preserving wealth.
Unpaid school fees: What can schools do?
The question of whether a learner may be suspended, excluded, or have their enrolment terminated for unpaid school fees remains a contentious issue. Parents often assume that schools may never exclude a learner for non-payment of fees, while schools sometimes believe that a contractual right to terminate enrolment automatically entitles them to do so. The legal position is, however, more nuanced.
2026 Tax Amendments
In the 2026 Budget Speech, the Minister of Finance announced several tax amendments affecting estate planning and the administration of deceased estates. These changes should, however, not be viewed in isolation, as effective estate planning extends beyond drafting a will. It requires a comprehensive strategy that ensures assets can be transferred efficiently, tax liabilities are managed appropriately, and sufficient liquidity exists to settle debts, taxes and administration expenses.
Stablecoins: Stability in a volatile world
The emergence of stablecoins represents a significant development in the digital asset landscape. By combining the efficiency of blockchain-based transactions with relative price stability, stablecoins offer the potential for faster and more efficient payments while avoiding the extreme volatility traditionally associated with cryptocurrencies. As adoption continues to increase, central banks and regulators are paying closer attention to the implications of stablecoins for monetary policy, financial stability and consumer protection. In South Africa, the South African Reserve Bank (“SARB”) has emphasised the need for a robust regulatory framework that addresses the risks associated with stablecoins while supporting responsible innovation in the financial sector.
Leaving a Trust: When does it take effect?
The question of when a trustee’s resignation becomes effective is of significant practical importance. Determining the precise date of resignation is essential, as it affects when a trustee ceases to owe fiduciary duties to the trust and when exposure to potential liability for trust-related matters ends. A resigning trustee should therefore be mindful that accountability for the administration and decision-making of the trust may continue until the resignation has legally taken effect.
When Governance gets tested
The recent boardroom battle involving South African businessman Johann Rupert and the multibillion-rand The Bridge Stellenbosch Development serves as a timely reminder of the importance of sound governance structures, transparent decision-making and adherence to the Companies Act 71 of 2008, as amended (the “Companies Act”). These principles are fundamental to protecting companies, shareholders and long-term corporate value.
Turn up the music, not the legal risk
Music festivals occupy a unique space in modern society. Although they often take place on private property, their impact extends far beyond the boundaries of that land. While land ownership generally includes the right to use and enjoy one’s property, that right is not unlimited. South African law seeks to balance the rights of property owners with the rights of neighbouring landowners and communities to enjoy a safe and peaceful environment. When thousands of attendees, amplified sound, commercial activities, and public safety concerns enter the equation, the legal landscape becomes considerably more complex. Hosting a music festival is therefore not merely a matter of private land use, but one of legal compliance and regulatory oversight.
Untying the property knot
Being awarded the family home in a divorce settlement may feel like the final hurdle, but there is still an important legal step to take. A divorce order does not, on its own, make you the sole owner of the property or release your former spouse from liability under the mortgage bond. A divorce settlement determines rights and obligations between you and your ex-spouse. It does not, on its own, rewrite your title deed or change your contractual relationship with the bank. This is why a divorce can be finalised while you and your ex remain connected through the same property or home loan. To completely separate your paths, you must follow a formal conveyancing process.
The taxing question
Buying property is one of the biggest financial decisions most people will make. In addition to the purchase price, buyers must budget for several costs associated with the transfer of a property. One of the most important questions is whether the transaction is subject to Transfer Duty or Value-Added Tax (VAT).
Although these taxes generally do not apply simultaneously to the same property transaction, determining which one applies can significantly impact the overall cost of the transaction.
From offer to ownership
Property transfers are often described as routine, while buyers and sellers may expect a quick turnaround; in reality, delays are common and often unavoidable. Even under normal conditions, a transfer can take several weeks to a few months. In many cases, however, the process stretches beyond that.
More tax relief for homeowners
As of 1 March 2026, homeowners received welcome tax relief with the increase in the primary residence capital gains tax (CGT) exclusion from R2 million to R3 million. This means that when a qualifying primary residence is sold, a larger portion of the capital gain may be disregarded for CGT purposes, potentially reducing the tax payable on the sale of a home.
A new chapter for trust governance
South Africa’s removal from the Financial Action Task Force (“FATF”) greylist in October 2025 marked an important milestone in strengthening the country’s regulatory environment. However, this achievement represents only one step in South Africa’s ongoing commitment to improving transparency, accountability, and governance within the trust sector.
The right to walk away
Corporate decisions such as mergers, schemes of arrangement, disposals of all or the greater part of a company’s assets, and certain amendments to a company’s memorandum of incorporation can fundamentally alter the nature and value of a shareholder’s investment.
The rules behind the deal
Mergers and acquisitions (“M&A”) involve far more than negotiating commercial terms. Depending on the nature and structure of a transaction, several South African regulatory authorities may play a role in ensuring legal compliance, protecting the public interest, and maintaining market integrity. Understanding the roles of the Competition Commission, the Takeover Regulation Panel, the Companies and Intellectual Property Commission, the South African Revenue Service, and the B-BBEE Commission can help businesses anticipate regulatory requirements, avoid unnecessary delays, and ensure compliance with the law.
When shares shouldn’t be issued
In South African corporate law, a fundamental distinction exists between “authorised” and “issued” shares. Authorised shares represent the maximum number of shares a company is permitted to issue, as set out in its memorandum of incorporation (“MOI”). Issued shares are those that have actually been allotted to shareholders of the company through subscription of shares. Section 36 of the Companies Act 71 of 2008, as may be amended (the “Act”) dictates that a company’s MOI must explicitly specify the classes and number of shares it is authorised to issue.
Subscribe now, pay later?
The issue of shares is a fundamental aspect of company law, serving as the primary mechanism through which ownership interests are created and regulated, while defining the legal relationship between a company and its shareholders. While many share subscriptions are relatively straightforward, others involve more complex payment arrangements that require careful legal regulation. Section 40(5) of the Companies Act 71 of 2008, as amended (“Act”), establishes a legal framework to regulate these subscriptions and to balance the interests of the parties involved. While the Act recognises that share subscriptions may involve future payment, services or other deferred consideration, it ensures that subscribers do not obtain the full benefits of share ownership before providing the agreed value.
Can SARS keep secrets?
The latest dispute concerning access to former President Jacob Zuma’s tax information has prompted many taxpayers to ask whether any privacy remains in relation to information submitted to the South African Revenue Service (“SARS”).
Love, then legacy
When parties decide to marry and enter an antenuptial contract, the discussion should not end with the choice of a matrimonial property regime. This is also the ideal stage for both parties to consider their estate planning. The reason is straightforward: the matrimonial property regime selected before marriage will influence their respective estates, define their rights and obligations toward one another, and affect the way their assets are dealt with upon death. It is also the point at which couples should begin planning not only for themselves, but for their future together and for any children they may have. The antenuptial contract and the estate plan should therefore be approached as part of a single, integrated process.
When payroll becomes a liability
An emoluments attachment order (“EAO”), issued in terms of section 65J of the Magistrates’ Courts Act 32 of 1944 (“the Act”), is a court order requiring a debtor’s employer (“the garnishee”) to deduct specified amounts from the debtor’s remuneration, salary and/or wages and to pay those amounts directly to the judgment creditor in whose favour the order was granted.
Remuneration under the microscope
Executive remuneration governance in South Africa has entered a new and more demanding phase.With the coming into force of the Companies Amendment Act 16 of 2024 provisions on remuneration, public companies and state-owned entities are now subject to binding shareholder approval requirements that materially reshape remuneration oversight.
No more detours
Large-scale retrenchments are regulated by section 189A of the Labour Relations Act 66 of 1995 (“LRA”), which seeks to ensure both procedural and substantive fairness. It also introduces a facilitated consultation process and grants employees the right to strike over retrenchment.
Dividing more than assets
Divorce is not only about dividing physical assets; it can also determine whether a spouse has access to long-term financial security. A recent High Court ruling could change the way pension interests are treated in certain divorce matters, particularly for spouses who may previously have been excluded from sharing in these assets.
A digital shift for community schemes
The Community Schemes Ombud Service (CSOS) has taken a significant step toward modernising community scheme governance with the introduction of CSOS Connect – an online platform designed to make interaction with the organisation faster, easier, and more efficient.
When agreements have limits
Maintenance agreements in South Africa have become increasingly popular between parents of minor children as a means of regulating their respective maintenance obligations outside of court. These agreements are a useful tool, allowing parents to exercise a degree of contractual freedom. However, their provisions remain subject to statutory regulation and the overarching principle that contracts must conform to public policy.