“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes into play, a narrow strip of land (looking on diagrams very […]
Author Archives: Eugene Esterhuizen
01
Sep
Sep
“All that lives must die, passing through nature to eternity.” (William Shakespeare, in Hamlet) Master’s Office records suggest that less than a third of us leave behind a will when we die. That’s astonishing, given the fact that death is one of the few absolute certainties in our lives. Why do so many of us […]
05
Aug
Aug
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness after she discovered a decomposed snail in the remains of […]
Company / Corporate / Compliance, Insolvency / Liquidation
What Can You do When a Director Deadlock is Killing Your Company?
05
Aug
Aug
“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can no longer see eye to eye, the company can grind to a halt, meaning everyone […]
05
Aug
Aug
“You can’t go back and change the beginning, but you can start where you are and change the ending.” (C.S. Lewis) Divorce is traumatic, to the extent that it’s widely considered to be the second most stressful life event (behind only the death of a spouse, and ahead of marital separation and going to jail!). […]
01
Jul
Jul
“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson Mandela) International Nelson Mandela Day is celebrated worldwide on 18 July every year, but in South Africa the whole of July is Mandela Month. What better time to talk about the […]
01
Jul
Jul
“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams in The Salmon of Doubt) Contracts often contain suspensive conditions, a common example being the bond clause in a property sale agreement. The standard bond clause provides that the buyer must obtain a bond by a set deadline, and […]
01
Jul
Jul
“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what happens if you believe that you are the victim of a […]
Employment and Labour Law
What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves
01
Jul
Jul
“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly structured to look realistic (AI’s dark hand there?), the articles suggested that 65 is […]
Family Law, Property, Wills and Estate Planning
How to Avoid Fighting Over the House – A Guide for Life Partners
02
Jun
Jun
“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile […]