A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?

A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?

“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 concept of “ubuntu”, which emphasises our interconnectedness and interdependence, and embraces values like fairness, compassion, respect and dignity?  How does ubuntu influence your legal rights?  Our courts have often considered, and sometimes applied, the principles of ubuntu in a wide variety of legal contexts. The…
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BFFs no More: The Verbal Agreement That Cost R1 Million

BFFs no More: The Verbal Agreement That Cost R1 Million

“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed – most notably contracts for the sale, exchange, or donation of land or of any “interest in land”, ante-nuptial contracts (ANCs), and deeds of suretyship. Outside of those exceptions, all verbal agreements are as valid and enforceable as written ones. Your word really is your bond! So be careful what you agree to verbally…
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Gift or Loan? A Cautionary Tale for the Season of Giving

Gift or Loan? A Cautionary Tale for the Season of Giving

“The bluntest pencil is better than the sharpest mind” (Unknown) The Festive Season is traditionally a time for giving, and it seems a pity to have to mention the hard realities of the law right now. But, as a recent High Court dispute confirms, things can go horribly wrong if the people involved have different notions on whether what’s being given is a gift, or a loan. “Here’s R400k Ma” – But was it a loan, or a gift? The setting for this dispute is a small caravan park, with 13 caravan sites, nine flatlets and two chalets, in the…
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Contracting with Trusts – Is a Majority Resolution Valid?

Contracting with Trusts – Is a Majority Resolution Valid?

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another reminder to tread carefully when contracting with trusts. Your agreements with a trust will be invalid and unenforceable if the trustees acting for the trust weren’t properly authorised to bind the trust. But must trustee resolutions always be taken unanimously by all of the appointed trustees to be valid, or will a majority decision ever suffice?…
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