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Monday 08:00 - 17:00 Tuesday 08:00 - 17:00 Wednesday 08:00 - 17:00 Thursday 08:00 - 17:00 Friday 08:00 - 17:00

M Van Heerden Attorneys

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M Van Heerden Attorneys

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We are a boutique commercial and property law firm caring for every aspect of your business, with offices in Johannesburg & Cape Town.

We specialize in Contractual Law, Notary Law, Corporate & Commercial Law, Trusts, Wills & Estates, Labour Law, Property Law and Conveyancing.

*None of the information supplied should be construed as legal advice. *

16/10/2026

Employ a Foreign National? What You Must Check Now, and What Could Change
Read more: https://mvhattorneys.com/employ-a-foreign-national-what-you-must-check-now-and-what-could-change/

Under the current law, it is already illegal to employ someone who is not legally entitled to work in South Africa. This applies to businesses and to households employing foreign domestic workers, nannies or gardeners.

A new Bill proposes additional duties and higher penalties for employers, but these changes are not yet law. Employers should therefore comply with the existing law and remain alert to the proposed changes.

06/10/2026

Can Your Complex Cut Off Your Biometric Access Over Unpaid Levies?
Read more: https://mvhattorneys.com/can-your-complex-cut-off-your-biometric-access-over-unpaid-levies/

Your fingerprint suddenly stops working at the estate gate. You can still get home, but only through the visitors’ lane. Can your homeowners’ association cut off your biometric access because it says you owe levies?

A recent High Court judgment says an association cannot use biometric access to enforce an alleged default. The case also confirms that biometric access to your home can be protected as part of your possession of the property.

24/09/2026

Proud of Our Heritage, Proudly South African

Today, we celebrate the traditions, cultures and values that form an important part of who we are as South Africans.

14/09/2026

Do You Really Need 6 Types of Will?
Read more: https://mvhattorneys.com/national-wills-week-do-you-really-need-6-types-of-will/

At the heart of your estate planning is your will (“Last Will and Testament”). Without it, you lose your right to choose your heirs, to choose the executor of your estate, and to choose who will look after your children and your family trusts when you die.

But there’s lots of online chatter about other types of “will” such as offshore wills, digital wills, business wills, ethical wills and living wills. What are they and do you really need to put them all in place?

09/09/2026

A Pothole Causes You to Crash. Can You Sue the Government?
Read more: https://mvhattorneys.com/a-pothole-causes-you-to-crash-can-you-sue-the-government/

In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg.

The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to detect, repair or warn road users about a dangerous defect it knew, or should have known, about.

04/09/2026

Better Late Than Never: Marriage Law Drags Itself into the 21st Century
Read more: https://mvhattorneys.com/better-late-than-never-marriage-law-drags-itself-into-the-21st-century/

For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had ties to more than one country.

A recent Western Cape High Court judgment declared that rule unconstitutional and introduced a gender-neutral framework for deciding which country’s law applies. Courts elsewhere in the country are not bound by the judgment but are likely to follow it.

24/08/2026

Can Family Conflict Kibosh a Trust?
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6BoXjE3FwVAnVyMN9y90O5Sl4U-JNvQdvioQVZPwisv4uCsmpnGmIA7kdBJDTalpqNGcWXbzT_ua2oyuQRda5Q=-NOPAD

When a trust's founder dies, families often assume that whatever they said they wanted will be honoured, even if the trust deed was never changed to reflect it.

A recent Supreme Court of Appeal decision confirms that this is not how trusts work. What governs a trust after the founder's death is the trust deed itself, not the wishes they expressed at family meetings in their final years.

18/08/2026

Does the Consumer Protection Act Protect Every Tenant?
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6BoXjE3FwVAnVyMN9y90O5Sl4U-JNvQdvioQVZPwisv4uCsmpnGmIA7kdBJDTalpvyJysgUi3rY7B6mRGi7Tyg=-NOPAD

Paying rent under a residential lease does not automatically make you a consumer under the Consumer Protection Act. A recent Supreme Court of Appeal decision shows that the real question is whether the landlord is letting property in the ordinary course of business.

That said, even where the CPA does not apply and a lease is validly cancelled, a landlord cannot simply tell a tenant to leave without following the correct eviction process.

09/08/2026

Happy Women's Day!

Here's to the women who lead with courage, inspire with kindness and create opportunities for others.

05/08/2026

Whistleblower Reinstated: Protected Disclosures Act to the Rescue
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6BoXjE3FwVAnVyMN9y90O5Sl4U-JNvQdvioQVZPwisv4uCsmpnGmIA7kdBJDTalpo1uZSV23ZVCRNIeeENwx6M=-NOPAD

The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace.

But what protections does the Act actually give whistleblowers. And what steps should employers and employees take to ensure they comply with it? We’ll answer all of these questions in the context of a recent Labour Court decision to reinstate a manager who was ostensibly fired for breaching ICT policies.

Address

37 Elm Street, Modderfontein
Johannesburg
1645

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 17:00

Telephone

+27713312053

Website

http://www.mvhattorneys.com/

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