Leahy Attorneys

Leahy Attorneys Leahy Attorneys is a leading corporate and commercial law firm that provides a professional yet personal legal experience.

27/05/2026

How do you clear your name after a default judgment?

A default judgment can ruin your credit score and stays on record for 30 years. Fortunately, you can apply to the court for a rescission of judgment to reverse it and get a fair chance to state your case.

Here is what you need to know from this article:

• The Timeline: You generally have 20 days from discovering the judgment to file an application.
• The Reason: You must satisfy the court that your absence or lack of response wasn't intentional.
• The Defence: You must show that you have a real, valid defence against the original claim.

Don't let an unexpected judgment damage your financial standing.

Read full article on the blog:

Most people only become aware that a default judgment has been granted against them when the sheriff arrives with a warrant of ex*****on or when their credit applications are unexpectedly declined. A default judgment is usually issued when a defendant fails to enter an appearance to defend or does n...

20/05/2026

Can you sign your will electronically?

With everything else going digital, it seems like a will should be no different. But when it comes to South African law, the rules around electronic wills are not as straightforward as you might think.

While the law still heavily relies on traditional paper and ink signatures to prevent fraud, there are instances where courts have stepped in to condone digital documents. But relying on a court's discretion comes with major legal risks.

Don't leave your estate to chance or lengthy court battles.

Click to read link on blog:

We live in an age where agreements are concluded by email, documents are signed electronically, and important records are stored in the cloud. It is therefore not surprising that clients often ask: “Can I sign my will electronically?” or “Is the will saved on my laptop valid?”

28/04/2026

Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship.

One structure continues to feature prominently in this conversation: the living trust. When designed and managed properly, a trust can help families protect assets, maintain continuity, and ensure that wealth is used responsibly over time.

Read full article on our blog:

Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term steward...

21/04/2026

The rise of self-driving technology is outpacing traditional legal frameworks. When an accident occurs without a human driver at the controls, determining fault requires a completely new perspective on product liability and negligence.

Explore the legal theories surrounding AI-driven harm.

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As autonomous vehicles (AVs) evolve from concept to real-world use, South Africa faces pressing legal questions: if an AI-driven vehicle causes harm, who bears liability? Under current South African law, liability for road accidents is largely governed by the Road Accident Fund Act 56 of 1996 (the R...

24/03/2026

The "Platform Economy" has moved from a futuristic trend to our daily reality. But as platform work grows, so do the legal questions surrounding the rights of the workers behind the apps.

Are they truly independent, or is the "flexibility" a disguise?

Read full article on the blog https://www.leahyattorneys.co.za/2026/02/19/the-future-of-platform-work-in-south-africa-needs-a-new-rulebook/

The digital world is spinning faster than ever, and in South Africa, that rotation is powered by algorithms, online app orders, and the hum of delivery bikes. From catching an Uber to buying your weekly groceries via Checkers Sixty60, the “Platform Economy” has officially moved from a futuristic...

17/03/2026

When is it legally appropriate to arrest someone for a traffic violation? This article recaps a recent judgment involving a lawyer arrested for speeding, highlighting the court’s stance that a summons or written notice should have been used instead of immediate detention.

Explore the legal details on our blog: https://www.leahyattorneys.co.za/2026/02/19/lawyer-arrested-for-speeding-was-it-a-lawful-arrest/

The social fabric of the South African society continues to be tainted by high crime rates, domestic violence, and gender-based violence. The South African Police Service (“SAPS”) carries a constitutional and statutory responsibility to combat crime and maintain public order. Unfortunately, wron...

03/03/2026

In professional rugby, a player can be charged, tried, and sentenced within just a few days of receiving a red card. This articles explores the speed of this disciplinary process and whether such a rapid timeline truly allows for a fair defense.

Read full article here:

All disciplinary committees must meet the prescribed appointment criteria. They must be appointed independently and must carry out their functions without influence from any party to the match or proceedings, and without interference from the unions, associations, or tournament organisers under whos...

24/02/2026

The High Court has signaled a major shift: Mediation is no longer just "encouraged"—in many cases, it’s becoming a mandatory first step before litigation can proceed.

Why? Because efficiency matters. Mediation offers:
- Faster resolutions.
- Lower legal costs.
- Greater control over the outcome.

But does this mandatory step infringe on your rights? Read the full article on our blog to learn more

South Africa’s civil justice system faces significant challenges, including escalating litigation costs, prolonged delays, and an overwhelming backlog of cases, with some civil trial dates not projected until 2031. Against this background, the South African Law Reform Commission (SALRC) has been d...

28/01/2026

The Consumer Protection Act 68 of 2008 (CPA) changed South African contract law by introducing statutory remedies that differ from the traditional common-law breaches, such as mora, positive malperformance, and repudiation. Instead of classifying remedies by the type of breach, the CPA focuses on the type of performance, distinguishing between services and goods.

Read more: https://www.leahyattorneys.co.za/2025/11/12/your-rights-under-the-consumer-protection-act/

The Consumer Protection Act 68 of 2008 (CPA) changed South African contract law by introducing statutory remedies that differ from the traditional common-law breaches, such as mora, positive malperformance, and repudiation. Instead of classifying remedies by the type of breach, the CPA focuses on th...

21/01/2026

In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court in Kimberley has ordered the Master of the High Court to accept an electronically signed will as the valid last will and testament of the late Constitutional Court Justice Mokgoro.

Read full article on our blog: https://www.leahyattorneys.co.za/2025/11/12/high-court-validates-electronic-will-of-late-constitutional-court-justice/

In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court in Kimberley has ordered the Master of the High Court to accept an electronically signed will as the valid last will and testament of the late Constitutional....

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