Swanepoel Van Zyl Attorneys

04/09/2026

A recent Western Cape High Court judgment has provided important guidance on the role of alternative accommodation in eviction proceedings.

The case involved 161 people unlawfully occupying Transnet-owned properties in Woodstock and Salt River, where evidence linked the properties to serious criminal activity in the surrounding area. The Court found that the absence of alternative accommodation did not, on its own, prevent an eviction from being just and equitable.

Importantly, this does not mean property owners can simply evict unlawful occupiers where no alternative accommodation is available. Eviction applications remain highly fact-specific, and courts must consider factors including the circumstances of the occupiers, their conduct, the nature and duration of the occupation, meaningful engagement and available municipal resources.

💡 The judgment reinforces an important principle: alternative accommodation is a significant consideration in an eviction, but it is not an automatic barrier to an eviction order.

31/08/2026

⏰ Customary marriage registration closes TODAY — 31 August 2026

If you're in an unregistered customary marriage, this is your last chance to register under the Department of Home Affairs' special dispensation, which opened on 1 Sept 2024.

What you need:

📄 Both spouses' IDs
📄 One witness from each family (in person)
📄 Lobola agreement (if applicable)
📄 Form BI-1699 + reason for late registration
📄 The prescribed fee

Register at any Home Affairs office — or through your traditional leader if there's no office nearby.

And if you miss it? Don't panic. Unregistered customary marriages remain fully valid in law. The deadline doesn't undo your marriage — it just makes proving it harder when you need documents for inheritance, pensions or property.

Know someone affected? Share this. 🔁

28/08/2026

Divorce is not just an emotional process — it is a legal one that requires proper documentation from the outset. Missing information can delay proceedings and increase costs.

Commonly required documents include:
• A marriage certificate
• Identity documents of both spouses
• Details of minor children, if applicable
• A list of assets and liabilities
• Copies of any antenuptial contract
• Proof of income for maintenance considerations

Preparing these documents early allows your legal team to advise strategically and avoid unnecessary delays.

24/08/2026

Estates and South African homeowners’ associations (HOAs) have been warned against using access-control systems to punish residents for levy disputes or rule violations. This follows a June 2026 High Court judgment that clarified when digital restrictions can amount to unlawful self-help.

Estates and South African homeowners’ associations (HOAs) have been warned against using access-control systems to punish residents for levy disputes or rule violations.

21/08/2026

Mediation does not have to produce an all-or-nothing result.

Parties may be able to resolve certain elements of a dispute while leaving genuinely contested issues to be determined through another process. In a commercial dispute, for example, parties might agree on payment arrangements while another contractual issue remains unresolved. In family matters, some parenting or financial issues may be settled while others require further determination.

Narrowing the issues can still substantially reduce the time, cost and complexity of subsequent litigation.

💡 A mediation does not have to resolve every disagreement to be valuable. Sometimes reducing the dispute is itself a meaningful outcome.

📩 Johan van Zyl assists clients in exploring mediation as a practical alternative to prolonged litigation.

19/08/2026

For entrepreneurs and business owners, an antenuptial contract with accrual does not necessarily mean that the business itself is divided between spouses when a marriage ends.

Instead, the calculation generally looks at the growth in each spouse's estate during the marriage, subject to the terms of the ANC and any assets specifically excluded from accrual.

This becomes particularly important where a business has grown significantly during the marriage. Establishing its value at relevant points can become a complex part of determining an accrual claim.

For women building businesses, professional practices or investment portfolios, understanding these implications before marriage is particularly important. An ANC should reflect the financial life you are building, rather than simply being a document signed before the wedding.

Speak to our team about structuring an antenuptial contract around your individual circumstances.

17/08/2026

Your court order says they must pay. What happens if they still don't?

Obtaining judgment does not always mean the dispute is over. If the unsuccessful party does not voluntarily comply with the order, the successful party may need to take further steps to enforce it.

Depending on the nature of the judgment and the debtor's circumstances, enforcement can involve processes aimed at identifying and attaching assets or other legally available ex*****on mechanisms.

This is why recoverability should form part of litigation strategy from the beginning. Spending significant time and money obtaining judgment against someone who cannot satisfy it can result in a legal victory with little practical value.

We assist clients with litigation, judgment enforcement and debt recovery.

14/08/2026

Buying a home with a partner can feel like a natural next step in a relationship, but joint ownership creates legal and financial consequences that should be considered before registration.

Questions such as how the deposit is divided, who contributes to the bond, how improvements are funded, what happens if one person wants to sell, and how the property will be dealt with if the relationship ends should ideally be addressed upfront.

Simply contributing more towards the property does not automatically rewrite the ownership recorded in the title deed. A co-ownership agreement can provide clarity around these issues before disagreement arises. When two people buy property together, they are entering into an important financial relationship as well as becoming homeowners.

Our property law team can advise co-owners on structuring their rights and obligations clearly.

12/08/2026

Women’s Month is an opportunity to talk about financial rights within marriage, not only what happens when a marriage ends.

In a marriage in community of property, the spouses generally share a joint estate. This means marriage can create financial consequences that extend beyond the assets a couple owns together and into liabilities incurred during the marriage.

That is why understanding your matrimonial property regime matters throughout the marriage, not only during divorce. Knowing how debt, assets and financial decisions affect the joint estate gives both spouses greater clarity over their financial position.

Financial independence begins with understanding the legal structure surrounding your finances. If you are planning to marry, our family law team can help you understand the legal implications of the different matrimonial property regimes.

10/08/2026

In July, the Constitutional Court handed down judgment in Motjamela v George Local Municipality, involving a litigant who had pursued extensive proceedings through several forums and courts. One of the issues before the Constitutional Court concerned orders restricting further litigation. The Court ultimately narrowed the scope of the vexatious-litigant order.

The case highlights an important distinction. Everyone has a right of access to courts, but that right does not mean litigation can be pursued indefinitely or abusively.

For parties involved in prolonged disputes, litigation strategy should continually assess whether proceedings remain legally justified, proportionate and directed toward a meaningful outcome.

Litigation should be used to resolve disputes, not perpetuate them.