3rd May 2022


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 April 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 March 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 […]
6th December 2021
Pagdens is a family of legal practitioners

In what entity should you purchase a property

IN WHAT ENTITY SHOULD YOU PURCHASE A PROPERTY? As property is a big investment, the entity you choose to purchase your property in could have a major impact on your finances. It is a very important decision. The answer in respect of which entity you choose is not an easy one as there are numerous factors that must be taken into account. In the majority of cases when spouses are purchasing a primary home, it would be advisable to register the property in the names of both spouses. However, this […]
25th October 2021

Compulsory Vaccination

Compulsory Vaccination  The Covid 19 virus continues to mutate and spread with devastating effects. All economic sectors are affected. This has many negative consequences on employers in all industries, as high infection rates naturally show an increase in absenteeism. In South Africa, the vaccination program has not yet achieved targeted daily numbers. This appears to be partly attributable to vaccination hesitancy. Compulsory vaccinations are likely to be challenged on constitutional grounds and, if successful, will have negative consequences for the Covid19 vaccination program. Employers are required to conduct a Covid19 […]