McIntyre van der Post • Law Firm

McIntyre van der Post • Law Firm Welcome to McIntyre Van der Post, one of South Africa's most prestigious law firms since 1957.

Legal Speak Made Easy – “Restitutio in Integrum” An ancient Roman law remedy literally meaning “restoration to the origi...
02/09/2026

Legal Speak Made Easy – “Restitutio in Integrum”

An ancient Roman law remedy literally meaning “restoration to the original state”, restitutio in integrum aims to restore people, as far as possible, to the position they would have been in if a wrongful act or transaction hadn’t occurred.

So, when a contract is rescinded, the aim is to return both parties to their pre-contract positions. If, for example, a seller sold you a defective car and the court cancelled the contract, the seller would have to return your money, and you would have to return the car. Likewise, when damages are awarded, the principle is to put you in the financial position you would have been in had the wrong not been committed. If therefore your car was written off in an accident caused by another driver’s negligence, the damages awarded would generally compensate you for all your financial losses : the value of your vehicle, towing charges etc.

Cancelled Sale, Damaged Property. Who Pays?“You do not mend a broken vase by handing over a new one.” (Anonymous) Read h...
26/08/2026

Cancelled Sale, Damaged Property. Who Pays?

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

Read how 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: https://mcintyre.co.za/news/cancelled-sale-damaged-property-who-pays/

Can Family Conflict Kibosh a Trust?“The palest ink is better than the best memory.” (Chinese proverb)A recent Supreme Co...
19/08/2026

Can Family Conflict Kibosh a Trust?

“The palest ink is better than the best memory.” (Chinese proverb)

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.

Learn more here: https://mcintyre.co.za/news/can-family-conflict-kibosh-a-trust/

📝📈 | From Ordinary to Extraordinary: The McIntyre Van Der Post Commercial Law Advantage If you want to protect and enh...
17/08/2026

📝📈 | From Ordinary to Extraordinary: The McIntyre Van Der Post Commercial Law Advantage

If you want to protect and enhance your business interests, contact McIntyre Van Der Post today.

Learn more about the commercial services we provide at www.mcintyre.co.za/commercial-law/

Does the Consumer Protection Act Protect Every Tenant?“It ain't what you don't know that gets you into trouble. It's wha...
12/08/2026

Does the Consumer Protection Act Protect Every Tenant?

“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 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://mcintyre.co.za/news/does-the-consumer-protection-act-protect-every-tenant/

Whistleblower Reinstated: Protected Disclosures Act to the Rescue"…the threat of disciplinary action can be held as a sw...
06/08/2026

Whistleblower Reinstated: Protected Disclosures Act to the Rescue

"…the threat of disciplinary action can be held as a sword of Damocles over the heads of employees …" (Supreme Court of Appeal)

Click here to learn how the Labour Court’s recent reinstatement of a dismissed whistleblower has confirmed that our laws will robustly protect anyone who reports wrongdoing in the workplace: https://mcintyre.co.za/news/whistleblower-reinstated-protected-disclosures-act-to-the-rescue/

Legal Speak Made Easy – “Dormant Trust” You will see and hear the phrase “dormant trust” bandied about a lot, normally i...
04/08/2026

Legal Speak Made Easy – “Dormant Trust”

You will see and hear the phrase “dormant trust” bandied about a lot, normally in relation to what ongoing duties the trustees of non-active trusts do and don’t have.

Be warned that SARS says that there is no such legal concept as a “dormant trust” and that even economically inactive trusts (which SARS calls “passive trusts”) must be registered for tax, and must render annual tax and other returns, all under pain of stringent penalties for both non-compliant trusts and for their trustees personally. There is a small concession to inactive trusts in that their tax returns are “shortened” and “simplified”.

Bottom line? No trusts are “dormant”, and none are exempted from ongoing tax and other compliance duties.

📜⚖ | Do you need to be represented in the Free State High Court for General Litigation issues?For legal representation...
04/08/2026

📜⚖ | Do you need to be represented in the Free State High Court for General Litigation issues?

For legal representation in all General High Court Litigation matters, contact McIntyre van der Post today.

Learn more about the high court services we provide at www.mcintyre.co.za/court-department/

Your Dormant Trust Is Not Invisible to SARS“Things do not go away. They go somewhere.” (Annie Dillard)Many trustees assu...
28/07/2026

Your Dormant Trust Is Not Invisible to SARS

“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.

Click here to learn more: https://mcintyre.co.za/news/your-dormant-trust-is-not-invisible-to-sars/

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