Tag: South African Law

In the landmark Judgement of VVC v JRM and others CCT202/24 the South African Constitutional Court has clarified and cemented how matrimonial property rights, consequences and regimes operate when couples move from a customary marriage to a civil marriage. The judgment, handed down on 21 January 2026, overturned a High Court ruling that had found Section 10(2) Recognition of Customary Marriages Act unconstitutional. The Constitutional Court has made it clear that couples cannot casually change their matrimonial property arrangements once a customary marriage already exists without judicial oversight. The Recognition of Customary Marriages Act has been adopted to correct the historical marginalization of customary marriages and to place them on

The start of the year is the prime time for businesses to reflect on their achievements and challenges, reset their objectives, and reorganise their strategies to ensure a promising path forward in 2026. At the forefront of these efforts should be an exhaustive review and timely update of your legal documentation and strategic planning across all business areas.   Legal documentation and compliance: A New Year’s priority Review contracts and agreements: start the year by examining existing client, supplier, and partnership agreements to ensure they align with current business objectives and comply with the latest regulations. Update policies and procedures: essential policy documents, including privacy policies, employment handbooks, and operational

The festive season is often a time of joy, celebration, and connection — but it can also leave a lasting impact on your finances. As January unfolds, households across South Africa may face the realities of overspending during December, making the start of the year a critical time to reassess financial habits and ensure a healthier financial future. At Hammond Pole Attorneys, we understand the challenges associated with debt, legal recoveries, and collections. While these may be necessary for certain situations, we believe in empowering individuals with the knowledge and tools to minimise financial stress and avoid these pitfalls altogether. By reflecting on spending and adopting smarter financial strategies, you

The countdown to the festive season has begun and this brings a surge in property activity, as buyers and sellers rush to wrap up deals before year-end. Whether you’re hoping to move into a new home before the holidays or finalize a sale for financial planning purposes, the year-end period can be a surprisingly complex time for property transactions. While exciting, this rush can also create challenges, from delayed registrations to overlooked contract terms. Here’s eight tips to avoid the most common pitfalls and ensure your property transaction goes smoothly during the busiest period of the year.   1. Festive Season Shutdowns Can Cause Delays From mid-December, many banks, municipalities,

The festive season is meant to bring joy and connection, but for couples who are separating or recently separated, it can also be an emotionally charged and legally complicated time. From parenting arrangements to financial pressures, the holiday period often highlights unresolved issues and creates conflict where routines normally offer stability. A healthy and happy separation is possible over the holidays. With the right legal awareness, preparation, and communication, you can protect your rights while creating a calmer experience for yourself and your children. Here are key steps to navigating separation during the festive season, in a way that is safe, structured, and empowered.   1. Finalize Holiday Arrangements Early

The festive season is traditionally a time of joy, reflection, and family togetherness. However, for separated or divorced parents, it often presents unique challenges. Balancing personal expectations, the best interests of the children, and the rights and responsibilities of each parent requires foresight, communication, and legal awareness.   The following guidance, prepared by the Family Law Department of Hammond Pole Attorneys, outlines practical and legally sound steps to assist co-parents in navigating the holiday period with minimal conflict and maximum stability for their children.   Plan Early and with Precision The foundation of a harmonious holiday schedule is early and comprehensive planning. Parents are encouraged to begin discussions well in

Running a business in South Africa involves navigating a range of responsibilities, with labour law among the most critical. Employers have a duty to operate within the framework of regulations that protect both their interests and the rights of employees.  Here’s what every employer should know to stay compliant and avoid legal pitfalls.   Key Legislation to Know South African labour law is governed by several key statutes, most notably: The Labour Relations Act (LRA): Focuses on fair labour practices, dispute resolution, and collective bargaining processes. Basic Conditions of Employment Act (BCEA): Regulates working hours, leave, and other minimum employment standards. Employment Equity Act (EEA): Promotes workplace equality and aims to eliminate unfair

Since the 2025 Taxation Laws Amendment Bill took effect on 1 April, South Africa’s VAT framework has undergone major changes. These reforms, combined with the South African Revenue Service’s (SARS) push towards modernisation, are reshaping compliance obligations across sectors. Schools, digital service providers, and businesses alike are already feeling the impact.   Broadening VAT Exemptions for Schools One of the most significant reforms is the extension of VAT exemptions to all goods and services supplied by primary and secondary schools. This move removes schools from the VAT system entirely, aligning with government’s policy to reduce the administrative and financial burden on educational institutions.   How Have Schools Been Affected? VAT

Estate planning is often viewed only through the lens of drafting a will. While a will is unquestionably a cornerstone of ensuring one’s wishes are respected after death, it is only part of the picture. Increasingly, South Africans are also turning to living wills—or advance directives—as an important legal tool. Understanding the distinction between these documents is vital, not only for ensuring one’s estate is properly administered, but also for safeguarding dignity and personal choice during life.   A Will: Planning for After Death A will is a legal instrument that sets out how a person’s estate—comprising property, investments, personal belongings, and even digital assets—will be distributed after death. It