Cavanagh & Richards Attorneys

Cavanagh & Richards Attorneys We’re a dynamic premier labour, commercial and real estate law firm in South Africa.

Cavanagh & Richards Attorneys strive to be a prosperous and renowned law firm in Gauteng, South Africa. We are passionate about what we do and therefore provide our valued clients with high quality legal services. Our innovation and ambition are our drive to be the preferred professional legal service provider in Gauteng and other parts of South Africa. Meet our team of legal experts waiting to take care of all of your legal matters!

What is defamation?Defamation occurs when false statements are made about someone which harm their reputation.In today’s...
01/06/2026

What is defamation?

Defamation occurs when false statements are made about someone which harm their reputation.

In today’s digital world, defamation can happen:
• On social media
• In WhatsApp groups
• Through online reviews
• In conversations or public statements
• Through published articles or posts

Defamation may include:
• False accusations
• Harmful rumours
• Damaging allegations
• Sharing untrue information as fact

In South African law, a person who has been defamed may have the right to pursue legal action for damages or other remedies.

Legal insight: Freedom of speech is protected by the Constitution, but it does not give people the right to spread false and harmful statements about others.

Think carefully before posting or sharing unverified information online.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What are your rights as a tenant?Many tenants are unaware that South African law provides important protections for peop...
28/05/2026

What are your rights as a tenant?

Many tenants are unaware that South African law provides important protections for people renting homes or property.

As a tenant, you have the right to:
• A written lease agreement
• Privacy and reasonable notice before inspections
• A safe and habitable living environment
• Protection against unfair eviction
• The return of your deposit, subject to lawful deductions
• Fair treatment by landlords and agents

A landlord may not:
• Lock you out unlawfully
• Disconnect utilities without following legal processes
• Evict you without a court order
• Enter the property whenever they choose

Legal insight: In South Africa, eviction without a court order is unlawful, even where rent is outstanding. Both landlords and tenants have legal rights and responsibilities that must be respected.

Understanding your rights can help prevent unnecessary disputes and protect both parties.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What does “Without Prejudice” mean?You may have seen the words “Without Prejudice” at the top of an email or legal lette...
26/05/2026

What does “Without Prejudice” mean?

You may have seen the words “Without Prejudice” at the top of an email or legal letter, but what does it actually mean?

In legal terms, “Without Prejudice” generally means that communication made during settlement negotiations cannot later be used as evidence in court against the person who made it.

This encourages parties to negotiate openly and honestly in an attempt to resolve disputes outside of court.

For example:
• Offering a settlement amount
• Negotiating repayment terms
• Attempting to resolve a dispute amicably

However, simply writing “Without Prejudice” on a message does not automatically make it legally protected.

Legal insight: Whether communication is truly protected depends on the context, purpose and content of the communication, not just the label itself.

Legal wording can carry significant consequences when used incorrectly.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

Can a sitting President be removed from office in South Africa?Yes.South Africa’s Constitution provides legal processes ...
22/05/2026

Can a sitting President be removed from office in South Africa?

Yes.

South Africa’s Constitution provides legal processes through which a sitting President may be removed from office under certain circumstances.

A President may be removed by the National Assembly if they are found to have:
• Seriously violated the Constitution or the law
• Engaged in serious misconduct
• Become unable to perform the functions of office

This process is known as impeachment and is governed by Section 89 of the Constitution.

A President may also leave office through:
• Resignation
• A motion of no confidence passed by Parliament
• The end of their elected term

Legal insight: These constitutional mechanisms exist to ensure accountability, uphold the rule of law and protect South Africa’s democracy by ensuring that no public office is above the Constitution.

The Constitution remains the highest law in the country and applies equally to all.

*Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What was the Truth and Reconciliation Commission?The Truth and Reconciliation Commission (TRC) was established in South ...
20/05/2026

What was the Truth and Reconciliation Commission?

The Truth and Reconciliation Commission (TRC) was established in South Africa in 1995 to help address the human rights violations committed during apartheid.

Led by Archbishop Desmond Tutu, the TRC created a platform for victims to share their experiences and for perpetrators to disclose politically motivated crimes in exchange for possible amnesty.

The Commission focused on:
• Uncovering the truth about past injustices
• Giving victims a voice
• Promoting accountability
• Supporting national healing and reconciliation

The TRC became one of the most significant transitional justice processes in modern history and remains an important part of South Africa’s democratic journey.

Legal insight: The Truth and Reconciliation Commission highlighted the importance of human rights, constitutional values and the rule of law in building a just and democratic society.

Understanding our legal history helps shape a more accountable future.

*Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What is contempt of court?Contempt of court occurs when someone disobeys, disrespects or undermines the authority of a c...
18/05/2026

What is contempt of court?

Contempt of court occurs when someone disobeys, disrespects or undermines the authority of a court or its legal processes.

This may include:
• Ignoring a court order
• Refusing to comply with maintenance obligations ordered by the court
• Disruptive behaviour in court
• Interfering with legal proceedings
• Publishing information that may prejudice an ongoing case

In South Africa, court orders are legally binding and failure to comply can have serious consequences.

Possible penalties for contempt of court may include:
• Fines
• Imprisonment
• Enforcement orders
• Additional legal costs

Legal insight: Contempt of court is taken seriously because the legal system relies on compliance with court rulings to ensure fairness, accountability and the proper administration of justice.

Respect for the court process protects the rights of everyone involved.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

Harassment is not always physical and it is not always obvious.It can happen through repeated messages, intimidation, hu...
14/05/2026

Harassment is not always physical and it is not always obvious.

It can happen through repeated messages, intimidation, humiliation, threats, stalking, unwanted attention or behaviour that causes fear, distress or emotional harm.

In South Africa, harassment can occur:
• In the workplace
• Between partners or former partners
• Online through social media or messaging platforms
• Between neighbours, acquaintances or even strangers

Harassment may include:
• Constant unwanted contact
• Threatening behaviour
• Following or monitoring someone
• Spreading harmful rumours
• Intimidation or verbal abuse
• Cyberstalking and online harassment

💡 Legal insight: South African law provides protection against harassment through legal remedies such as protection orders and other civil or criminal processes depending on the circumstances.

No one should have to live in fear or feel unsafe.

*Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

In today’s digital world, harassment does not only happen in person.Cyberstalking involves the repeated use of technolog...
13/05/2026

In today’s digital world, harassment does not only happen in person.

Cyberstalking involves the repeated use of technology to intimidate, threaten, monitor or harass another person online.

This may include:
• Constant unwanted messages or emails
• Monitoring someone’s social media activity
• Sharing private information online
• Creating fake profiles
• Threats made through digital platforms

Cyberstalking can have serious emotional and psychological effects and may lead to both criminal and civil legal consequences.

💡 Legal insight: South African law increasingly recognises online harassment and harmful digital behaviour as serious offences, particularly where safety, privacy or dignity are affected.

No one should feel unsafe online.

*Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

Today, we celebrate the women who nurture, guide and protect — not only with love, but with strength and resilience.Moth...
10/05/2026

Today, we celebrate the women who nurture, guide and protect — not only with love, but with strength and resilience.

Motherhood takes many forms. Whether through birth, care, guardianship or support, mothers play a vital role in shaping families and communities.

In law, this is recognised through principles that protect:
• The best interests of the child
• Parental rights and responsibilities
• The safety and wellbeing of families

Legal insight: The law places strong emphasis on protecting children and supporting those who care for them — recognising the importance of stable, nurturing environments.

Today, we honour the mothers and mother figures who show up every day with courage, compassion and unwavering dedication.

Happy Mother’s Day!

Restraining Order vs Interdict: What’s the Difference?These two legal terms are often used interchangeably, but they are...
08/05/2026

Restraining Order vs Interdict: What’s the Difference?

These two legal terms are often used interchangeably, but they are not the same.

A restraining order is typically used in situations involving harassment, abuse or threats.

It is designed to protect a person from harm and may:
• Prevent someone from contacting or approaching you
• Apply in domestic or personal relationships
• Be granted urgently for immediate protection

An interdict, on the other hand, is a broader legal remedy used to stop someone from doing something unlawful.

It is commonly used in:
• Property disputes
• Business conflicts
• Civil matters where rights are being infringed

Legal insight: A restraining order focuses on personal safety, while an interdict protects legal rights more broadly.

Both are powerful tools — but they are used in very different situations.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

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Lytteltown Office Park, Building H, Shelanti Avenue, Die Hoewes
Centurion
0157

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