Particularly over the holiday season, many house and apartment owners in residential complexes will want to let out their units on a short-term letting / Airbnb basis. 

It goes without saying that other owners and residents may object. A high turnover of tenants can prejudice the complex’s security, traffic, noise levels and the like. That can leave bodies corporate and homeowners’ associations struggling to frame the relevant conduct rules so as to balance the competing rights of short-term landlords and permanent residents. A recent High Court decision has given us a pointer, albeit a provisional one, as to which way our courts are likely to lean in such cases. 

Imagine you gather enough evidence, via a forensic investigation and an insolvency inquiry, to suggest that the sole member of a close corporation has defrauded you of almost R22m. R12m is repaid and you sue the member on a personal liability basis for the remaining R10m.

She hotly denies liability, but before she even begins to fight the claim itself, she raises the defence of prescription. If she succeeds, there goes your R10m. End of story. We analyse a recent Supreme Court of Appeal decision addressing both the dangers and the limitations of prescription in just such a context.

Alcohol goes hand in hand with the Festive Season, making this the perfect time to discuss your duty as an employer to manage the risks of alcohol consumption at work.

We’ll share some thoughts on that with reference to a recent Labour Court case which saw a forklift driver, dismissed after failing a breathalyser test, relying on the classic defence of “It was an accident! I took some cough mixture without realising it contained alcohol.” The Court’s reasoning in ordering his reinstatement holds lessons for all employers and employees.  

The national rollout of AARTO has again been postponed, this time to July 2026. Speculation is that we now won’t see the demerit system implemented before the middle of 2027, but both dates remain provisional until gazetted. 

None of this should stop us from sharing with our families, friends, colleagues and staff this warning: Scammers don’t care about the delayed rollout date, they’re too busy stealing from harried motorists.

We share a list of the most common scams, with some tips on how to avoid falling prey to them.

“Beneficiary”, “Heir” or “Legatee”?

Commonly used interchangeably in the context of wills and estate planning, these terms do in fact carry different meanings, and the distinction can be important. Simply put, a “beneficiary” is anyone who benefits under a will. A “legatee” is a type of beneficiary who is left a specific item, amount or benefit (e.g. “I bequeath R100,000 to Mary”). An “heir” on the other hand, is a beneficiary who is left the residue of the estate (or a percentage of the residue) after all other beneficiaries, estate debts and administration costs are settled. 

A final thought – if you haven’t heard of a legatee before, you’re in good company. It’s used mostly in legal circles because “beneficiary” and “heir” are more widely understood by lay clients and often used as umbrella terms covering all three concepts.