Recent Industry Articles - Page 3 of 53 - Ashersons Attorneys

26 Mar 2026

Buying a House: What Costs Will You Pay, and When?

“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” (English novelist Anthony Trollope) With interest and home loan rates at their lowest since 2022, it’s no surprise that South Africa’s property market confidence level at the end of 2025 was sitting at a record high of 87%. That will have been boosted by the country’s positive economic outlook following Budget 2026, and by Budget 2026’s 50% increase in the primary residence exclusion (which should stimulate sales by reducing the CGT payable by sellers). If you…

26 Mar 2026

By Ashersons Attorneys

Director Delinquency Declarations: Managing Your Risk

“Knowledge is power.” (Sir Francis Bacon) Being a company director carries not only rewards but also risks that you need to manage carefully. In particular, you are held by the Companies Act to a high standard of conduct. Breaching any of your many duties and responsibilities can have significant negative consequences. Among these is being declared a “delinquent director”. That’s no small thing… It’s a serious long term career risk Serious categories of misconduct expose directors to being declared delinquent and thus disqualified from holding any directorship or senior management position for a period ranging from 7 years to a…

26 Mar 2026

By Ashersons Attorneys

Considering Using Sequestration to Recover Levies? Think Again

“The only man who sticks closer to you in adversity than a friend is a creditor.” (Evan Esar) Body corporates face a familiar problem. Owners fall into arrears. Levies go unpaid. Legal costs mount. The temptation is to reach for the most forceful remedy available. Sequestration may seem like that remedy. If an owner will not pay, why not have them declared insolvent? A recent Gauteng High Court judgment offers a clear warning. A body corporate sought the sequestration of a unit owner for levy arrears exceeding R1.4 million. With such a substantial debt, the body corporate’s frustration was understandable.…

26 Mar 2026

By Ashersons Attorneys

Beyond Your Will: Leaving a Legacy

“Legacy is not leaving something for people. It’s leaving something in people.” (Peter Strople, former Dell Computer Corporation director) Leave a personal legacy, not just a financial one We all know how important it is to our loved ones that we leave behind a valid will rooted in a comprehensive estate plan, but our legacy should go a lot further than just distributing assets. Sharing with your heirs your values, your family history, and the wisdom your years have granted you can be one of the most important gifts you leave, often outlasting tangible bequests by generations. On a practical…

02 Mar 2026

By Ashersons Attorneys

Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?

“We are also proposing additional tax measures to ease the financial burden on households and businesses, by adjusting personal income tax brackets and rebates fully in line with inflation.” (Minister of Finance Enoch Godongwana) How much will I save if I sell my house? A big highlight for property sellers and buyers is that, having remained unchanged since 2012, the primary residence exclusion for Capital Gains Tax has been increased from R2 million to R3 million. In addition, the annual CGT exclusion has been increased for individuals by 25% from R40,000 to R50,000, and for deceased estates by 47% from R300,000 to R440,000. The…

02 Mar 2026

By Ashersons Attorneys

Your New Car’s a Lemon: Here’s How to Make Lemonade and Get Your Money Back

“Lemon law, noun – a law that states that you can return a motor vehicle to get it repaired or your money back if the vehicle is no good.” (Oxford Learner’s Dictionaries) The car you just bought on instalment sale turns out to be a complete lemon. But when you return it to the dealership and cancel the sale, the bank still enforces the finance agreement and sues you for damages. “Sorry to hear about the defects,” says the bank. “But that’s not our problem. We weren’t the supplier; we just financed the transaction. Your claim is against the dealership.…

02 Mar 2026

By Ashersons Attorneys

Choose Your Conveyancer with Care! A Cautionary Tale of “Fraud Unravels All”

“Fraud unravels property transactions even where innocent third parties are involved.” (Extract from judgment) Congratulations, you’re the proud new owner of your dream home! Your name’s on the title deeds, and your ownership is registered in the Deeds Office. That’s conclusive proof that the house is yours, right? Regrettably, this isn’t always the case… Although registration is usually proof of ownership, there are exceptions. One exception is fraud. And a recent High Court case is a sharp reminder to every party to a property sale and transfer (seller, buyer, estate agent, conveyancer and bonding bank) that any sale and transfer…

02 Mar 2026

By Ashersons Attorneys

Effective 1 March 2026: New National Minimum Wage

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2026 by 5% from R28,79 per hour to R30,23 per hour. Domestic workers: Assuming a work month of 22 days x 8 hours per day, R30,23 per hour equates to R241,84 per day or R5320,48 per month. Of course, this is just the bare legal minimum. The Living Wage calculator will help you check whether you are actually paying enough to cover a household’s “minimal need” (adjust the “Assumptions” in the calculator to ensure that the figures used are up-to-date). Disclaimer: The information provided herein…

27 Jan 2026

By Ashersons Attorneys

Love and the Law: Cohabiting? Get Your House in Order Now

“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, dispute, and litigation. A recent High Court fight between an estranged couple over their jointly-purchased dream house illustrates this neatly. Broken dreams, and a fall out over the house A couple’s four-year romantic relationship saw…

27 Jan 2026

By Ashersons Attorneys

How to Protect Your Business’ Brand from Copycats

“You know you’re winning when you’re being copied.” (Robin Sharma, author of The Monk Who Sold His Ferrari) Whether your business is brand new or well established, you need to protect your trading, product and service names from being unlawfully copied. Often your names (and associated logos and other branding) are essential elements in your business’ goodwill and profitability. It can be disastrous if competitors adopt similar branding in order to confuse customers and divert business away from you. Your strongest protection will always be in the form of a registered trade mark, but don’t despair if you don’t have…