Minitzers Attorneys

02/09/2026

Better Late Than Never: Marriage Law Drags Itself into the 21st Century

“It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.” (Oliver Wendell Holmes Jr)

A couple may marry in one country, live in several others, hold different nationalities and eventually settle in South Africa. If the marriage ends, which country’s law governs their financial and property rights?

Under South Africa’s old rules, the answer depended on the husband’s domicile at the time of the marriage. Read more here: https://shorturl.at/LB9EE

24/08/2026

Cancelled Sale, Damaged Property. Who Pays?

“You do not mend a broken vase by handing over a new one.” (Anonymous)

When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never happened.

The law calls this restitutio in integrum, and a recent Gauteng High Court decision shows that putting the parties back where they started can be a far more exact exercise than simply reversing the transaction.

Read the full article here: https://shorturl.at/32Gkp

21/08/2026

A look back at the Paarl Property Review, proudly hosted by Minitzers Attorneys and Investec.

Thank you to everyone who joined us for a morning of valuable insights and engaging discussion about the Paarl property market and the broader economic landscape.

A special word of thanks to our speakers, Dr Campbell Parry, Andreas Dercksen and Seraj Johaar, for sharing their knowledge and perspectives—and to Investec for helping us make the event possible.

We thoroughly enjoyed hosting you and look forward to building on the success of this event.

Here are some of our favourite photographs from the morning.

11/08/2026

A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind up the trust?

Not so fast. A recent Supreme Court of Appeal decision shows that a founder’s later wishes do not, without a formal amendment, override the terms of the trust deed.

Can family conflict kibosh a trust? Find out here: https://shorturl.at/J6HWc

04/08/2026

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed to Mark Twain)

A married couple moved to Australia and rented out their South African family home while they tested the waters Down Under. Years later, once they had decided to remain abroad, they sold the property and gave their tenant notice under a clause that allowed them to cancel the lease on three months’ written notice. The tenant argued that the lease was protected by the Consumer Protection Act (CPA) and could only be cancelled if he had materially breached it.

A recent Supreme Court of Appeal decision explains why the tenant’s CPA argument failed, but also why the landlords could not require him to vacate without following the proper eviction process.

Read more here: https://shorturl.at/eKRJv

15/07/2026

One Bad Letter and Your Eviction Falls Apart

Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46,000 and an apparently legitimate grievance, a landlord’s eviction application failed because of a problem many people overlook: the cancellation letter.

The dispute arose after tenants allegedly fell behind on their rental payments. The landlord sought to terminate the lease and evict the occupants. Although the alleged arrears were not seriously disputed, the case ultimately turned on a different question: whether the lease had been validly terminated in the first place.

The court didn’t even consider whether the eviction itself would have been justified. Instead, the application failed because of defects in the cancellation process.

Learn more here: https://shorturl.at/WUJG5

08/07/2026

“By failing to prepare, you are preparing to fail.” (Benjamin Franklin)

A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person’s ability to manage finances, make legal decisions, sign contracts, or deal with property and investments.

For many families, the legal implications only emerge when practical problems arise. A bank account needs accessing, a property needs selling, or financial decisions must be made for someone who can no longer act independently.

At that point, many assume a Power of Attorney will help. South African law says otherwise.

Read the full article here: https://shorturl.at/rkyaR

01/07/2026

“Things do not go away. They go somewhere.” (Annie Dillard)

Many trustees assume that a dormant trust can be safely forgotten. No income, no assets, no transactions … No problem.

SARS has made it clear that this assumption may be an expensive one.

In recent months, SARS has intensified its focus on trust compliance, targeting trusts that have failed to submit annual income tax returns. What many trustees may not realise is that inactivity does not remove a trust’s tax obligations.

A trust that has been sitting dormant for years is still required to submit annual income tax returns. Failure to do so can now result in administrative penalties, even where the trust has conducted little or no activity.

Read more here: https://shorturl.at/raBqt

18/06/2026

Property owners often spend considerable time deciding which estate agent to appoint, what price to seek and when to bring their property to market. Far less attention is usually given to a more important question: "Am I actually ready to sell?"

If there is a reasonable possibility that you may sell your property within the next 24 months, an early discussion can often identify issues that are best addressed in advance and help you make better-informed decisions when the time eventually comes. Contact Stefan at [email protected] for independent advice.

Property owners often spend considerable time deciding which estate agent to appoint, what price to seek and when to bring their property to market. Far less attention is usually given to a more important question:

16/06/2026

When a Property Defect is Your Problem, Not the Seller’s

Buyers who purchased a Marina Da Gama property sued the seller and estate agent after a deck collapsed due to unapproved construction, but lost all claims - the agent's "stunning condition" description was mere sales puffery, and the voetstoots clause protected the seller since no deliberate concealment or fraud could be proven.

In plain terms. Puffery is not a promise - in fact, it’s to be expected in real estate listings. A voetstoots clause is not easily defeated. And the burden of investigating a property before signing rests firmly on the buyer. Get advice before you sign.

Full article here: https://shorturl.at/O7xyj