Maurice Phillips | Wisenberg

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Maurice Phillips | Wisenberg What's important to you? We care about that. Professional legal advice with a personal touch.

A homeowner spots a structural defect. Does the three-year prescription period start immediately? A recent Supreme Court...
19/10/2026

A homeowner spots a structural defect. Does the three-year prescription period start immediately? A recent Supreme Court of Appeal judgment says not necessarily, drawing an important distinction between discovering a defect and knowing that the builder has failed or refused to honour the warranty. The ruling has practical implications for homeowners, builders and developers, particularly where repairs continue over an extended period. In our latest article, Antony Arvan explains what the judgment means for defect claims, repair efforts, and the timing of prescription.

Read more: https://tinyurl.com/yyt5f5dn

An unpaid account does not always need to become January litigation. Where a debtor is willing and able to engage, a pro...
15/10/2026

An unpaid account does not always need to become January litigation. Where a debtor is willing and able to engage, a properly structured payment arrangement or settlement can create certainty for both parties before businesses close or slow down over December. MP|W Attorneys assists creditors with negotiations, settlement terms, and appropriate security to ensure an agreement does more than simply postpone the problem.

Resolve what can be resolved now, while preserving your position if payment does not follow: https://tinyurl.com/mrxt76t8

A difficult month does not automatically mean a business needs rescue, but persistent cashflow pressure should not be ig...
12/10/2026

A difficult month does not automatically mean a business needs rescue, but persistent cashflow pressure should not be ignored. South Africa’s Companies Act provides for business rescue where a company is financially distressed, and there is a reasonable prospect of rescuing it. MP|W Attorneys can assess the financial and legal position, identify available options, and help directors decide on an appropriate course of action.

The earlier the warning signs are assessed, the more room there may be to protect the business and its stakeholders: https://tinyurl.com/zf6663xu

08/10/2026

When occupation happens before registration, the financial arrangements between buyer and seller need to be clear. Occupational rent, the occupation date, and each party’s responsibilities should be properly recorded in the offer to purchase or another written agreement. MP|W Attorneys helps ensure these terms are addressed upfront, particularly where year-end timing could affect the expected registration date.

Clear terms now can prevent unnecessary disputes if the transfer takes longer than expected: https://tinyurl.com/427yuzx5

As year-end approaches, the window to get a property transfer ready for lodgement becomes tighter. Outstanding clearance...
05/10/2026

As year-end approaches, the window to get a property transfer ready for lodgement becomes tighter. Outstanding clearance documents, bond requirements, signatures, or other paperwork can push registration into the new year. MP|W Attorneys manages the conveyancing process, coordinates with the relevant parties, and keeps outstanding requirements moving.

If you are buying or selling before year-end, speak to our conveyancing team early about a realistic registration timeline: https://tinyurl.com/427yuzx5

If a deceased estate has no cash and no assets to sell, it is treated as an insolvent estate. In South Africa, beneficia...
28/09/2026

If a deceased estate has no cash and no assets to sell, it is treated as an insolvent estate. In South Africa, beneficiaries are not personally liable for the deceased’s debts unless they signed surety or share legal responsibility. The estate remains responsible. The executor must still follow a formal process, notifying creditors and distributing any available funds according to legal priority. If there is nothing to distribute, creditors may receive little or nothing. Beneficiaries will not inherit, but they are not expected to cover the shortfall. In some cases, families may choose to settle certain debts to retain specific assets, but this is entirely voluntary.

MP|W advises on the right approach in complex estate matters: https://tinyurl.com/yr4x3at9

24/09/2026

Today, there will be braais, but Heritage Day is also about the stories behind them.

Whether you are with family, at the coast, or around a fire, take the time to enjoy your traditions and the moments that matter.

Delays in deceased estates are often caused by incomplete transfer requirements. Certificates, clearances, and supportin...
21/09/2026

Delays in deceased estates are often caused by incomplete transfer requirements. Certificates, clearances, and supporting documents must all be in place before registration. With Deeds Office delays already a factor, missing items can stall the process further.

MP|W ensures the transfer is properly prepared from the outset, reducing delays and keeping the process efficient: https://tinyurl.com/yr4x3at9

Many businesses assume their compliance is up to date, but changes in legislation and internal processes can quickly cre...
17/09/2026

Many businesses assume their compliance is up to date, but changes in legislation and internal processes can quickly create gaps. These often go unnoticed until a CCMA matter or inspection arises. Regular labour and employment laws audits ensure your contracts, policies, and procedures remain aligned.

MP|W helps you stay ahead with structured, practical compliance reviews. https://tinyurl.com/msar39pd

14/09/2026

A valid reason alone is not enough to support a dismissal. Employers must follow a fair process, including clear charges, an opportunity to respond, and proper documentation. Without this, decisions can be overturned at the CCMA.

MP|W assists businesses in building structured disciplinary processes that support fair outcomes and reduce legal risk. https://tinyurl.com/msar39pd

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2 Long Street
Cape Town
8001

Opening Hours

Monday 08:15 - 16:45
Tuesday 08:15 - 16:45
Wednesday 08:15 - 16:45
Thursday 08:15 - 16:45
Friday 08:15 - 16:45

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