Boshoff Njokweni Attorneys

04/02/2026

Dagga isn’t “fully legal” — but it isn’t illegal either.
New draft rules attempt to draw that line more clearly by setting possession, growing and transport limits.
This article explains what’s being proposed, what it means for ordinary adults, and why the fine print matters.

South Africa’s cannabis law reform has entered a more concrete and advanced stage. In February 2026, the Department of Justice and Constitutional Development published draft regulations under the Cannabis for Private Purposes Act and invited public comment.

13/08/2024

DISCOVERING DEFECTS BEFORE TAKING PROPERTY TRANSFER

Unless the sale agreement states that the seller will make stipulated alterations prior to transfer or that the property would be in a certain condition on the day of registration of transfer, the buyer may not purposefully delay the transfer due to undisclosed defects.

Read more below...

For further advice and information on any Property Law related matter, please contact our Conveyancing Department on 021 422 4855 or [email protected]

09/08/2024

Happy Women's Day!

Today, we recognize the invaluable contributions of women in shaping our communities and societies.

Your strength, your compassion, and your determination inspire us all.

Wishing you the strength to face any obstacle, the wisdom to make sound decisions, and the grace to inspire others!

The BNLaw Team

08/08/2024

Please note that our office will close at 13:00 on Thursday 8 August 2024 and re-open on Monday 12 August 2024 at 07:30.

May you have an amazing long weekend and travel safely.

For assistance on Monday, contact us on:
Tel: 021 422 4855
E-mail: [email protected]

05/08/2024

When entering into a property deal of any sort with the involvement of an estate agent, ensure that you –

Sign a written, clear mandate. A written mandate agreement should include clear, simple terms accurately recording the terms and conditions the parties had agreed upon. Specify that commission is payable against transfer.

The majority of sale agreements will provide that commission is paid on fulfilment of the agent’s mandate and performance of any suspensive or resolutive conditions (bond clauses and the like).

But when is the commission actually payable to the agency?
As it is normally deducted from the funds held in trust, both seller and buyer should confirm that it will not be released before transfer (or, in the event of a breach or cancellation of the sale, on that date). If there is a clause allowing payment of commission before transfer, don’t accept it without obtaining specific legal advice.

From an agent’s perspective, further clauses are essential to protect your commission payment if the sale is frustrated or doesn’t proceed – normally the agreement is that a defaulting party (buyer or seller) is liable to pay the full commission on default.

For more information or assistance, please call our Property Law Department on 021 422 4855 or [email protected]

30/07/2024

SUSPENSIVE v RESOLUTIVE CONDITIONS in Agreements of Sale

A suspensive condition suspends a contract's rights and obligations until a condition is fulfilled. If not fulfilled, no binding contract exists between parties. It's crucial to specify the deadline for fulfilling the condition, as failure may result in parties performing under the contract without specific performance or contractual damages. For example, "Mrs Smith must provide proof of her bond approval by 15 August 2024".

A resolutive condition is a binding contract with rights and obligations between parties, without any suspension. If fulfilled, it terminates the contract in retrospect, causing the parties to be restored to their pre-contractual state. To avoid unbundling, it may be better to use a suspensive condition instead. An example of a resolutive condition is if Mrs Smith fails to provide proof of the property being zoned as Business 1 by 15 August 2024, the contract will be deemed cancelled and of no force or effect.

For more information or assistance with drafting of your Agreement of Sale, please contact our Conveyancing Department on 021 422 4855 or [email protected]

23/07/2024

MARITAL REGIME AND OWNERSHIP OF IMMOVABLE PROPERTY

It is crucial to understand how your marital regime—whether you are married in or out of community of property, or by religious rites—affects your ownership rights regarding the immovable property you are purchasing or selling.

Spouses frequently ask, sometimes belatedly, if their marital property regime can be changed because the complexities of the laws governing marriages. This request might be made, for instance, by a spouse who wishes to start a business but does not want the joint estate to be at jeopardy in the event that the venture fails.

The Matrimonial Property Act, 88 of 1984, allows couples the ability to alter their current matrimonial structure. It is accomplished by approaching a High Court with an application made by both spouses outlining the reasons for the request to amend their regime, among other things. If the High Court determines that there are valid reasons for the adjustment, and that there will be no adverse effect on any third party, it will grant permission for the spouses to modify their matrimonial property regime.

For more information or assistance, please contact us on 021 422 4855 or [email protected]

22/07/2024

UPDATE: The pre-agreement statement and quotation from the bank represent an "in principle" loan approval.

Case Law: Setso Property Fund (Pty) Ltd v Manama (2023/0027101) [2024] ZAGPJHC 592 (21 June 2024)

The buyer challenged the seller's demand for specific performance in this uncommon situation where the seller decided to enforce the terms of the agreement against a non-compliant buyer. As stated in their agreement, the buyer claimed that the bank's Pre-Agreement Statement and Quotation did not amount to approval "in principle." The bank's use of wording in its documents did, the court observed, represent such approval. The court further pointed out that the quotation was the only thing covered by the 5-day acceptance period. Thus, the pre-agreement continued to be in effect as the suspensive condition was fulfilled.

For property related advice, call our Conveyancing Department: 021 422 4855

28/03/2024

Kindly note that our office will close at 13:00 today.

We wish you a Happy Easter and to those travelling, please be safe on the roads!

We will re-open on Tuesday 2 April 2024.

22/01/2024

URGENT NOTICE: FINAL DEREGISTRATION NOTICE

CIPC will begin final deregistration of all companies and close corporations that have been in the Annual Return Deregistration process for more than three (3) years and for which the notification procedure under Companies Regulation 40 has been completed.

The systematic final deregistration has occurred; however, e-mail notification of such final deregistration will not begin until the first week of February 2024 and may take several weeks to be completed due to the volume of final deregistration notices delivered.

Enquire with the CIPC directly.

17/01/2024

ROAD ACCIDENT FUND CLAIMS

Professional legal assistance can considerably increase the likelihood of a successful claim. Attorneys who specialise in RAF matters are well-versed in the complexities of these claims and can provide crucial assistance. We have the skills and insight to advise you about the validity of a third party claim against the Road Accident Fund and to ensure that the claim amount is reasonable and fair.

Claim against the Road Accident Fund for:
♦ Pain and suffering
♦ Past and future loss of income
♦ Past and future medical expenses
♦ Loss of support of the breadwinner or someone contributing to the household

No Success, No Fee

For more information, CONTACT US: 021 422 4855 or [email protected]

15/01/2024

ROAD ACCIDENT FUND CLAIMS

We have the skills and insight to advise you about the validity of a third party claim against the Road Accident Fund and to ensure that the claim amount is reasonable and fair.

Claim for:
♦ Pain and suffering
♦ Past and future loss of income
♦ Past and future medical expenses
♦ Loss of support of the breadwinner or someone contributing to the household

No Success, No Fee

CALL US TODAY!

Tel: 021 422 4855 or E-mail: [email protected]