Nieuwoudt Du Plessis Attorneys and Notaries

29/05/2026

25/05/2026

Reckless Lending: You Could Lose Everything

A recent High Court judgment serves as a serious warning to lenders: if you fail to comply with the National Credit Act, your loan may be declared unenforceable — and you could lose your capital, interest, security, and legal costs.

South African law requires lenders to:

• Register as a credit provider where required
• Conduct a proper affordability assessment before granting credit
• Verify the borrower’s financial means, obligations, and repayment history
• Ensure the loan does not render the borrower over-indebted

In this case, a lender lost the right to recover a substantial loan after the court found the credit agreement constituted reckless lending.

Whether you are a private lender, investor, trust, or business, compliance with the National Credit Act is essential.

Need advice on credit agreements or lending compliance?
Contact Nieuwoudt-Du Plessis Inc. to assist.
Read the full article at https://ndp-law.co.za/

20/05/2026

South Africa’s unemployment rate gets worse as over 300,000 people lose their jobs
South Africa’s unemployment rate has increased to 32.7% in the first quarter of 2026, with more than 300,000 jobs lost during the period, according to the latest Quarterly Labour Force Survey released by Stats SA.
The data reflects ongoing economic pressure across several sectors, with the largest employment declines recorded in Community and Social Services, Construction, Transport, and Private Households. While modest gains were reported in Manufacturing, Mining, and Agriculture, these increases were insufficient to offset broader job losses.
The expanded unemployment rate, which includes discouraged work-seekers, has now risen to 43.7%, highlighting the continued challenges facing the South African labour market.
The figures underscore the urgent need for sustainable economic growth, investment confidence, skills development, and job creation initiatives capable of supporting long-term employment opportunities.
As unemployment remains one of South Africa’s most pressing socio-economic challenges, collaboration between government, business, and civil society remains critical to rebuilding economic resilience and restoring livelihoods.
Source: Stats SA Quarterly Labour Force Survey (Q1 2026) – BusinessTech 12 May 2026

18/05/2026

She Fell Out of a Safari Vehicle: When Disclaimers Fail

Signing a disclaimer does not automatically protect a business from liability.

A recent Supreme Court of Appeal judgment reaffirmed that, under South African law, a disclaimer will only be enforceable if it is properly communicated, clearly worded, and validly agreed to.

For a disclaimer to bind a consumer, businesses must ensure:

• The person personally consents, or valid authority exists to sign on their behalf
• The clause is brought to the consumer’s attention clearly and prominently
• The wording unambiguously covers the specific risk
• The disclaimer complies with the Consumer Protection Act, particularly where serious injury risks exist

Businesses cannot rely on fine print to avoid liability where consent, notice, or clarity is lacking.

Need assistance reviewing your indemnities or understanding your rights?
Contact Nieuwoudt-Du Plessis Inc. to assist.
See the full article at https://ndp-law.co.za/

12/05/2026

Road users in South Africa warned of the 20km/h rule

Road users are reminded that speeding may have serious consequences beyond traffic fines — it can also affect insurance claims.
According to the National Financial Ombud Scheme South Africa (NFO), some insurers apply what is commonly referred to as the “20km/h rule”, where cover may be rejected if a driver exceeds the speed limit by more than 20km/h at the time of an accident.
Importantly, the Ombud has clarified that speeding alone does not automatically amount to recklessness. Each matter must be assessed on its own facts, and insurers bear the burden of proving that policy exclusions apply.
However, where a policy specifically includes a speed-related exclusion clause, and this has been properly disclosed to the policyholder, insurers may lawfully reject claims if the speed threshold is exceeded.
Motorists are encouraged to:
• Review their insurance policy wording carefully
• Understand exclusion clauses and disclosure requirements
• Exercise reasonable care when driving
• Remember that excessive speed may impact both liability and insurance cover
Safe and responsible driving protects not only lives, but also your legal and financial position.
Source: BusinessTech | Malcolm Libera | 9 May 2026

12/05/2026

Bodies Corporate & HOAs: Apply Your Rules With Common Sense — or Else
“Good rules make good neighbours.”
Community living in sectional title schemes and HOAs offers many benefits — but it also comes with shared responsibilities. Rules are essential to maintain harmony, protect property values, and ensure fair use of common areas. However, how those rules are applied is just as important as the rules themselves.
Why rules matter
Conduct rules regulate everyday issues like noise, pets, parking, and use of common property. When applied fairly and consistently, they create a well-managed environment that benefits all residents, owners, and investors.
But enforcement must be reasonable
A recent Supreme Court of Appeal (SCA) decision reminds us that strict enforcement without consideration can be unlawful.
In this case, a visually impaired owner made alterations to a common washing area for safety and accessibility. The body corporate enforced its rules rigidly and refused accommodation — but the Court ruled in favour of the owner.
Key legal principles confirmed by the Court:
Reasonable accommodation is a legal duty
Under the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), schemes must reasonably accommodate persons with disabilities.
Rigid enforcement can be unlawful
Rules must be applied with context. If enforcement causes unfair discrimination or ignores safety and dignity, it may not stand.
Accommodation may require flexibility
This can include allowing structural changes, granting exclusive use rights, or relaxing certain rules — where reasonable.
Balance remains essential
Bodies corporate and HOAs must still protect the interests of all members and apply the principle of minimum hardship to the community.
The takeaway
This is not the “end of rules” — it’s a reminder that fairness, proportionality, and common sense must guide enforcement.
Whether you are:
• A trustee or HOA member enforcing rules
• An owner feeling unfairly treated
• A managing agent navigating disputes
Getting the balance right is key — and the law expects it.
Need guidance?
Contact Nieuwoudt-Du Plessis Inc. for professional, practical advice on sectional title and HOA matters. We help you apply the law correctly — and sensibly.

11/05/2026

Mediation is transforming dispute resolution in South Africa — yet many misconceptions still exist about what mediation truly involves.
Recent developments such as High Court Rule 41A and the Gauteng High Court Mediation Protocol reflect the growing recognition that mediation is an effective, efficient, and constructive alternative to litigation.
Common myths about mediation include:
• “Mediation is only for small disputes”
• “Choosing mediation shows weakness”
• “Mediators make decisions like judges”
• “Mediation delays justice”
• “Mediation is simply about compromise”
In reality, mediation empowers parties to actively participate in resolving disputes through facilitated dialogue, confidentiality, flexibility, and practical problem-solving. It is increasingly used in complex commercial matters, workplace disputes, family conflicts, and civil litigation.
As highlighted by Felicity Steadman, Co-Founder and Director of Conflict Dynamics and Chairperson of the Conflict Dynamics Empowerment Trust, mediation is not a “soft option” — it is a strategic and progressive approach to dispute resolution that promotes sustainable outcomes and preserves relationships.
At Nieuwoudt-Du Plessis Inc., certified mediator Ian Runchman assists clients in navigating disputes professionally, confidentially, and efficiently.
Contact us today to learn more about mediation and alternative dispute resolution services.