What are the opening hours?

Monday 08:00 - 17:00 Tuesday 08:00 - 17:00 Wednesday 08:00 - 17:00 Thursday 08:00 - 17:00 Friday 08:00 - 17:00

M Van Heerden Attorneys

Home
South Africa
Johannesburg
M Van Heerden Attorneys

We are a boutique commercial and property law firm caring for every aspect of your business, with offices in Johannesburg & Cape Town.

We specialize in Contractual Law, Notary Law, Corporate & Commercial Law, Trusts, Wills & Estates, Labour Law, Property Law and Conveyancing.

*None of the information supplied should be construed as legal advice. *

02/06/2026

Reckless Lending: You Could Lose Everything
Read more: https://buff.ly/PTWkZaN

Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act.

If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000 loan to have been “reckless lending”, leaving the lender (a family trust) to write off the bulk of its loan, lose a decade’s worth of interest, cancel its security bond over a house, and pay legal costs. Why did that happen and how can you, as a lender, avoid the same fate?

25/05/2026

She Fell Out of a Safari Vehicle: When Disclaimers Fail
Read more: https://buff.ly/ndzBycc

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.

These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.

20/05/2026

Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else
Read more: https://buff.ly/az3E9IY

The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.

A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.

14/05/2026

Bad Manager or Workplace Bully? Where the Law Draws the Line
Read more: https://buff.ly/gQkUWHz

Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?

A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.

27/04/2026

Freedom Day

Freedom Day reminds us of the sacrifices and courage that built our nation. A moment to reflect on how far we’ve come.

23/04/2026

Beyond Your Will: Leaving a Legacy
Read more: https://buff.ly/RC1tkjz

Your will must always lie at the heart of your estate planning. But don’t concentrate solely on the financial wellbeing of your family after you are gone.

The personal legacy you leave them is also important. It focuses on your family’s values, history and heritage, supporting your heirs in living their lives to the fullest while preserving and enjoying the material wealth they inherit from you. But how do you create a personal legacy that will last for generations, and how does this fit into your overall estate planning? We share some practical suggestions on how to get started...

17/04/2026

Considering Using Sequestration to Recover Levies? Think Again
Read more: https://buff.ly/SGbp2lw

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step.

But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

06/04/2026

Director Delinquency Declarations: Managing Your Risk
Read more: https://buff.ly/uh9vyoT

The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences.

We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level.

We’ll end by sharing some thoughts on how you can manage those risks.

31/03/2026

Choose Your Conveyancer with Care! A Cautionary Tale of “Fraud Unravels All”
Read more: https://buff.ly/WY0RqtO

Buying and selling a house is probably one of the most important financial transactions you will ever be involved in. Not to mention the emotional aspect of acquiring or letting go of your “home sweet home”.

This is why it’s vital to choose the right conveyancer. Case in point, a recent court battle which saw a couple losing ownership of what they had fondly believed to be their new house. A crooked attorney, in cahoots with her trustee husband, had defrauded both the original owner and the buyers at the end of the transfer chain. And in law, “fraud unravels all.”

25/03/2026

Your New Car’s a Lemon: Here’s How to Make Lemonade and Get Your Money Back
Read more: https://buff.ly/2Vtnivy

You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.

We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?

Address

37 Elm Street, Modderfontein
Johannesburg
1645

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 17:00

Telephone

+27713312053

Website

http://www.mvhattorneys.com/

Alerts

Be the first to know and let us send you an email when M Van Heerden Attorneys posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to M Van Heerden Attorneys:

Shortcuts

Address
Telephone
Opening Hours
Alerts
Contact The Practice
Claim ownership or report listing

Want your practice to be the top-listed Law Practice in Johannesburg?