Swanepoel Van Zyl Attorneys

19/10/2026

Under the Prescription Act, many ordinary debts prescribe after the applicable prescription period has elapsed. Simply sending correspondence demanding payment does not generally amount to judicial interruption of prescription.
Prescription can be interrupted by an express or tacit acknowledgement of liability by the debtor, while judicial interruption generally occurs through the service of legal process in which payment of the debt is claimed. The particular circumstances and the type of debt still matter.

Waiting until the final weeks before prescription and assuming that an email or letter of demand has protected the claim can therefore create significant risk.

💡 Debt recovery is not only about whether money is owed. Timing and correct procedure can determine whether the debt remains legally enforceable.

📩 If payment remains outstanding, early legal advice can help ensure the appropriate recovery steps are taken in time.

16/10/2026

Litigation is built long before anyone enters a courtroom. A strong litigation matter requires more than the arguments ultimately made before a judge. The chronology of events, correspondence between the parties, contracts, notices, supporting records, procedural deadlines and available evidence all contribute to how a matter is prepared.

As Litigation Assistant, Peyton Lodrich forms part of the team supporting Swanepoel van Zyl’s litigation practice, where careful preparation is an important part of moving matters forward effectively.

For clients, this is also a useful reminder that documents that seem insignificant when a dispute begins can become important later. Maintaining records and seeking advice early can help your legal team understand the history of the dispute and identify the strongest available route forward.

14/10/2026

The Pretoria High Court has set aside the promulgation of South Africa’s Legal Sector B-BBEE Code, meaning the framework is no longer operational in its current form and law firms will no longer be rated under it.

Importantly, the Court did not decide that the Code itself was unconstitutional. The ruling focused on the process followed when it was gazetted, finding that the Minister had not personally considered the Code and its deviations as required by law.

💡 The judgment is a useful reminder that even where government has the power to introduce regulations or policy frameworks, the correct legal and administrative process must still be followed. We will be watching closely to see what happens next with the Legal Sector Code.

12/10/2026

The Constitutional Court has ruled that spouses who married out of community of property without accrual after 1 November 1984 can no longer automatically be excluded from asking a court to consider pension interest as part of a redistribution claim when they divorce.

Previously, section 7(7)(c) of the Divorce Act prevented pension interest from being considered in these marriages, even though other assets could potentially be taken into account for redistribution. The Constitutional Court found that this exclusion was unconstitutional and unfairly discriminated against women, who may have contributed to a marriage and family while building up less retirement provision of their own.

Importantly, this does not mean a spouse is automatically entitled to half of the other spouse's pension. It means that, in qualifying divorce proceedings, pension interest can now form part of what the court may consider when deciding whether a redistribution order is appropriate. Each matter will still depend on its own circumstances.

The ruling took effect immediately on 9 October 2026, but it does not reopen divorces that have already been finalised and matrimonial estates that have already been wound up.

💡 The key change is that excluding accrual in an antenuptial contract does not necessarily mean pension interests can never be considered in a divorce.

09/10/2026

A judgment handed down on 2 October 2026 illustrates just how complex disputes over registered property ownership can become.

In Motsamai N.O and Others v Registrar of Deeds and Others, the applicants sought the cancellation of three successive transfers of the same immovable property, alleging that an earlier registration had been incorrect and that the property should ultimately form part of a deceased estate.

The Northern Cape High Court found that there were genuine and material disputes about the underlying entitlement to the property. Rather than determine those questions purely from competing affidavits, the matter was referred to trial so that the factual issues surrounding the original allocation, ownership and subsequent transfers could be properly tested.

Our property, conveyancing and litigation teams assist with disputes involving ownership, registration and immovable property.

08/10/2026

The Children’s Act requires consideration of the views of co-holders of parental responsibilities and rights where a major decision is likely to significantly affect the child or the other parent’s exercise of those rights. Education is specifically recognised as one of the areas in which major decisions can affect a child’s wellbeing. The precise decision-making requirements can also be influenced by an existing parenting plan or court order.

Within our Family Law department, Bianca Basson assists clients navigating issues arising from separation and divorce, including parenting arrangements, maintenance and disputes affecting children.

Speak to our Family Law team if a parenting disagreement requires legal guidance.

07/10/2026

A new Johannesburg High Court judgment has highlighted an important protection for consumers facing enforcement of a home loan.

In Modibedi and Another v Nedbank Limited, the homeowners had fallen into arrears and received a notice under section 129 of the National Credit Act. They responded by asking to restructure their repayments, but the court found that Nedbank had not meaningfully engaged with their proposal before proceeding to obtain default judgment and an order declaring their home specially executable.

The judgment, handed down on 1 October 2026, found that the bank was not entitled to approach the court when it did and rescinded the earlier default judgment. The court emphasised that where a consumer responds to the section 129 process by proposing a way to bring payments up to date, that response cannot simply be treated as though it never happened.

💡 Falling into arrears does not remove a consumer’s procedural rights. The steps taken before enforcement can be just as important as the debt itself.

📩 Our litigation and property law teams assist clients with mortgage enforcement, foreclosure matters and property-related disputes.

02/10/2026

Court cases against Meta and YouTube in the US have made headlines around the world and prompted talk of social media’s ‘Big To***co moment’. Now one of the lawyers driving that litigation says the strategy is being ‘internationalised’ – including in South Africa

Following high-profile US rulings against Meta and YouTube over addictive design, global litigation is targeting tech giants—and South African courts could be…

28/09/2026

The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule of lex domicilii matrimonii; paving the way for a fairer future for women, same-sex, and non-binary couples.

The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule of lex domicilii matrimonii; paving the way for a fairer future for women, same-sex, and non-binary couples.

24/09/2026

South African Reserve Bank (Sarb) Governor Lesetja Kganyago announced a 25 basis-point hike in its benchmark repo rate on Wednesday.

This is the second increase this year, taking the rate to 7.25%, while the prime interest rate of commercial banks will increase to 10.75%.