Vetting is a process followed in which as much information as possible is gathered about the debtor being handed over, in order to ensure the maximum potential for a good result to prior to legal action being instituted. The rationale is that, if you know your debtor is the owner of a block of flats […]

South African law dictates that in order for an agreement to be recognized as a valid and binding contract, it must meet certain requirements. These requirements are as follows: There must be consensus between the parties The parties must have intended for the agreement to result in terms which can be enforced The necessary formalities […]

Declaring a director delinquent in terms of the Companies Act. If a director conducts himself or has previously conducted himself, whilst being a director of a company, in a manner which is inappropriate, an application aimed at declaring such director a delinquent, may be brought. This article aims to explain who may bring such application, […]

Having a clear credit record or a good credit score is of utmost importance, but why? And how does one ensure that your credit record is and remains clear in order to ensure that your credit rating or score remains at its maximum? Certain updates to a person’s credit record can adversely affect their credit […]

The change of position for women previously discriminated against in customary marriages Cabinet in July 2019 approved the submissions made on the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament. The approval of this Bill is said to be a major win for women who have been discriminated unfairly against in customary marriages […]

Help! I am flagged as being under debt review on the Credit Bureaus. Since promulgation of the National Credit Act. 34 of 2005 (herein after referred to as the “act”), most South Africans have heard of debt review and have a faint idea of what it entails. Some of us have encountered financial difficulty and […]

At the outset of this article “How To Enforce a Maintenance Order”, it should be noted that failure to pay maintenance when the court has ordered payment, is a criminal offence and one may be jailed for failure to pay maintenance. Enforcement of maintenance orders is dealt with by section 26 to section 30 of […]

Gender-based violence (hereinafter “GBV”) is an intense and widespread problem in South Africa, impacting on almost every aspect of life. What is gender-based violence? GBV is broadly defined as “the general term used to capture violence that occurs as a result of the normative role expectations associated with each gender, along with the unequal power […]

INTRODUCTION Every girl dreams of the day they meet their prince charming, that he will sweep you off your feet and you live a happily ever after. In reality, even though love and marriage are special, it does come with many legal implications that often couples who are madly in love overlook or try to […]

Are you struggling with your clients not paying on time or at all? This can be detrimental to any business, not to mention dire to a smaller business. Here are five red flags to look out for: Not answering your calls  If a client has an outstanding account that you have addressed with them and […]