27th Jun 2022

Power of Attorney in South Africa: What does it entail?

Power of Attorney in South Africa: What does it entail? What is a power of attorney? In terms of our law, a person may not act on behalf of another unless authorized to do so. As such, a power of attorney is a formal instrument by which authority is conferred from the “principal” (the person giving the authority to act on his/her behalf) to an “agent” (the person acting on behalf of the principal). When will you need a power of attorney & who can be appointed as an agent? […]
10th Jun 2022
Pagdens is a family of legal practitioners

The duty to report corrupt activities – the Legislature’s attempt to curb corruption

THE DUTY TO REPORT CORRUPT ACTIVITIES – THE LEGISLATURE’S ATTEMPT TO CURB CORRUPTION In the current economic and political landscape, South Africans are frequently exposed to reports of corruption in both the private and public sectors. To rewrite the current narrative, it is imperative that whistle-blowers come forward and corrupt activities are reported, investigated, and prosecuted. The duty to report corruption extends beyond a mere moral obligation and is contained in The Prevention and Combatting of Corrupt Activities Act, 12 of 2004 (“PRECCA”). PRECCA was adopted with the following main […]
3rd May 2022

ALTERNATIVE DISPUTE RESOLUTION (ADR)

ALTERNATIVE DISPUTE RESOLUTION (ADR) Alternative Dispute Resolution (“ADR”) refers to any method of resolving disputes without resorting to ordinary litigation – in other words, instituting legal proceedings in a civil court. ADR is a cost effective, flexible, and confidential method that can be used outside of or in addition to formal court proceedings. ADR is often regarded as a better option than the more conventional mechanisms for the settlement of labour, construction and divorce disputes in particular, because of the lower cost and greater speed involved. ADR procedures are mostly […]
12th Apr 2022

The Voestoots Clause and Property Sale Agreements

THE VOESTOOTS CLAUSE AND PROPERTY SALE AGREEMENTS During the initial waves of the Covid-19 pandemic in 2020 and 2021, there was an unexpected strength in the South African housing market which resulted from first-time purchasers responding to the decrease in interest rates. Purchasing a home is an exciting prospect for most people. However, some purchasers have found that buying a home can be as stressful as it is exciting. When a seller (or a seller’s estate agent) puts a house on show, they will typically focus on all of the […]
8th Mar 2022
Pagdens is a family of legal practitioners

Bankruptcy – What does that even mean?

BANKRUPTCY – WHAT DOES THAT EVEN MEAN? The law of insolvency in South Africa is known by many through the phrases “the business went belly-up” or “you remember so-and-so, they are bankrupt!” Aside from the general expressions of concern many have when they hear others experiencing bankruptcy, they know little about how others ended up there or rather how to avoid ending up there themselves. This is alarming, considering the serious consequences that becoming so-called “bankrupt” have. Bankruptcy in the legal fraternity is known as ‘insolvency’. Insolvency is regulated by […]