General

February 3, 2025

5 Formalities for a Will to be Valid

5 Formalities for a Will to be Valid When making a will, it is vital to ensure that it reflects your wishes clearly and unambiguously and […]
December 2, 2024

Artificial Intelligence and the South African Legal System

The South African legal system is currently undergoing a significant transformation fuelled by artificial intelligence (AI). This shift is altering how legal processes are managed, how […]
October 8, 2024

Your executor – the most important person to appoint in your will

By nominating an executor in your will, you ensure that someone you trust will take care of your estate and your heirs’ interests after death. The […]
September 18, 2024

THE TOBACCO BILL – CURSE OR BLESSING?

The new Tobacco Bill is aimed at regulating the tobacco industry and seem to provide society with an array of both positive as well as negative aspects. Looking at the Bill from a more optimistic point of view, it […]
January 18, 2024

SELLING A PROPERTY WITHOUT BUILDING PLANS

Do you need building plans when selling a property? Any building on your property requires approved building plans unless the building is defined as “minor building […]
December 18, 2023

IMMINENT CHANGES TO THE DIVORCE ACT

Muslim marriages given full legal recognition. During 2022 the Constitution Court found in Women’s Legal Centre Trust v President of the Republic of South Africa and […]
December 5, 2023

HOW TO HANDLE UNLAWFUL LAND INVASION

Someone is invading my property – what should I do? When someone invades your property, you have rights! It is imperative that you act immediately. This […]
November 3, 2023

THE RIGHTS OF UNDOCUMENTED BIOLOGICAL FATHERS

What is a father’s rights if he is not identified on a birth certificate? It is a reality in South Africa that many biological father’s details […]
October 2, 2023

THE IMPACT OF A NAME CHANGE ON YOUR TITLE DEED

I changed my name, what happens to my property’s title deed?   When a person formally changes their name at the Department of Home Affairs (eg. […]
August 28, 2023

HOW TO CHOOSE AN EXECUTOR FOR YOUR WILL

Who to choose as the executor of your will? An executor is the person who is appointed by the Master of the High Court to ensure […]
August 10, 2023

SCREENING AN EMPLOYEE INTO FIC

Must an employer FICA their employees? Directive 8 and the Public Compliance Communication recently gazetted by the Financial Intelligence Centre provide Accountable Institutions (AI’s) with practical […]
July 19, 2023

WHAT YOU NEED TO KNOW ABOUT SPOUSAL MAINTENANCE

WHAT YOU NEED TO KNOW ABOUT SPOUSAL MAINTENANCE Spousal maintenance is an important part of a divorce settlement, as it provides financial support to one spouse […]
May 1, 2023

Why Employers Can’t Afford to Ignore FICA

Why Employers Can’t Afford to Ignore FICA FICA stands for the Financial Intelligence Centre Act and is a law in South Africa aimed at combating money […]
April 20, 2023

Greylisting is not a colour!

Greylisting is not a colour!   What is “Greylisting”? The Financial Action Task Force (FATF) is a global inter-governmental body that promotes policies and international standards […]
April 6, 2023

CAN I CLAIM MAINTENANCE FROM MY EX-SPOUSE AFTER THE DIVORCE?

CAN I CLAIM MAINTENANCE FROM MY EX-SPOUSE AFTER THE DIVORCE?   In South Africa, there is a legal duty on one spouse to support the other […]
March 6, 2023

SEQUESTRATION OF DEBTORS

SEQUESTRATION OF DEBTORS Sequestration can be executed voluntarily or you may be compelled to be sequestrated when your liabilities exceed your assets.   The procedure and requirements […]
February 2, 2023

Do I as the Tenant have any remedy against the Landlord for failure to maintain the property? 

I have a 12-month contract in place for a residential property.  The conditions of the house have deteriorated to such an extent that I feel it […]
January 10, 2023

The required formalities for a valid will

Sometimes people choose to draw up their own will or they feel the need to put a will in place in a hurry and don’t have […]
January 10, 2023

Cohabitation

Are you and your partner living together? If your answer is yes, you might not be aware of the various options available to protect your assets […]
December 5, 2022

Can I sell or rent out my RDP house?

In terms of the Constitution of South Africa every person has the right to adequate housing.  The right to housing is also closely linked to other […]
December 5, 2022

Can I ask my landlord to install a generator?

Is a landlord obliged to upgrade the leased property to ensure that the tenant can live comfortably and conveniently through loadshedding? Landlords have many obligations in […]
November 2, 2022

Can I ask my landlord to install a generator?

Is a landlord obliged to upgrade the leased property to ensure that the tenant can live comfortably and conveniently through loadshedding? Landlords have many obligations in […]
August 25, 2022

The required formalities for a valid will

Sometimes people choose to draw up their own will or they feel the need to put a will in place in a hurry and don’t have […]
July 30, 2021

Home is where the heart is

Chances are that you asked yourself sometime during the past month – why are we still here in South Africa? And if you are not in […]
March 23, 2021

Striving for more

Most people must work in order to survive, but for us at Smuts & Co Attorneys it is not only a way to earn a living, […]
January 18, 2021

When can businesses return to ‘business as usual’

2020 was a year that will always be remembered for a variety of reasons. Apart from the obvious invasion of COVID around the world, South Africa […]
December 11, 2020

Claiming self defence? What you need to consider

Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, […]
November 17, 2020

To Our Clients

It is easy to tell when we get close to the end of the year as the November rush starts. During this time clients realise that […]
September 10, 2020

Spring is in the air and opportunities are blooming!

Spring normally marks the end of winter and represent renewal and new beginnings. As we enter the “new normal” and different ways of doing business we […]
May 14, 2020

Moving residence during the lockdown – Heinrich Theunissen

On Thursday 07 May 2020 the Minister of Cooperative Government and Traditional Affairs issued directions in terms of section 27(2)(f) of the Disaster Management Act, 2002 […]
May 14, 2020

Should I participate in a Stokvel?

People the world over are fascinated by any “get rich quick” scheme and South Africans are no exception. With COVID-19 taking its toll on desperate South […]
September 26, 2019

Keep left to stay on the right

Duties of a reasonable driver: Among the duties of a motorist are: to keep a proper look-out, drive at a reasonable speed, observe the rule of […]
July 17, 2019

Tips for investing in property for retirement

Have you ever wondered if real estate is a sound investment? Well, it certainly can be! There are people out there who have invested in real […]
June 29, 2018

THE DO’S AND DON’TS OF CONTRACT CANCELLATIONS

Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim of […]
May 2, 2018

HOW AND WHEN TO USE THE SMALL CLAIMS COURT

The small claims court (SCC) is for anyone who wants to institute a minor civil claim against someone else. You can also claim against companies and […]
January 30, 2018

LEGALLY OWNING A FIREARM IN SOUTH AFRICA

Many people in South Africa own a firearm or intend to own one in the future. However, the right to possess a firearm is not guaranteed […]
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