Le Roux Vivier Attorneys

Le Roux Vivier Attorneys Think Legal. Think LVA. Founded in 1993, Le Roux Vivier Attorneys (LVA) has built a strong reputation as a trusted and reliable law firm.

LVA serves both corporate and individual clients, offering a wide range of legal services across multiple practice areas. LVA is led by partners Fraser Stockley and Sharon Honiball, supported by a skilled team of attorneys, conveyancers, notaries, and support staff. The firm also benefits from the specialised expertise of its former partners, who continue to provide valuable consultancy services.

LVA is committed to building long-term, trust-based relationships with clients by providing accessible, effective, and cost-conscious legal representation. The firm handles legal matters with precision, efficiency, and professionalism, ensuring high standards of service while delivering practical solutions. Our team of seasoned professionals offers a comprehensive range of legal services, including arbitrations, banking law, conveyancing, civil litigation, commercial law and litigation, contract interpretation and drafting, debt collection, estate planning, evictions, family law, insolvency law, insurance law, landlord and tenant law and litigation, notarial services, property law, trusts, and wills. LVA prioritises understanding each client’s unique legal needs, offering tailored solutions that lead to successful outcomes. Our proven track record includes recovering substantial financial claims for clients, securing reported judgments in significant cases, and providing custom legal strategies suited to diverse industries. This client-focused approach has earned LVA long-standing relationships and recognition in the legal sector.

🗞️ YOUR LEGAL BRIEF: JUDICIAL CASE MANAGEMENT IN THE HIGH COURT⏱ Estimated reading time: 3 minutesHigh Court litigation ...
28/08/2026

🗞️ YOUR LEGAL BRIEF: JUDICIAL CASE MANAGEMENT IN THE HIGH COURT

⏱ Estimated reading time: 3 minutes

High Court litigation can involve numerous procedural steps before a matter is ready for trial. Judicial case management is intended to help identify and resolve issues that may delay the finalisation of proceedings.

In this article, we look at:

⚖️ what judicial case management is and why it is used;
📋 what parties can expect during a case management conference;
👩‍⚖️ the powers of the Judge during the conference;
📄 the documents and steps parties must prepare before the conference; and
⏱️ what may happen where parties fail to comply with case management requirements.

The article also highlights the responsibilities of the parties, including preparing a pre-trial meeting, filing a statement of issues and ensuring that the court file is in order before the conference.

Understanding these requirements is important for practitioners and litigants navigating High Court proceedings.

🔗 Want to understand the process in more detail? Read the full article on: https://www.lerv.co.za/post/judicial-case-management-in-the-high-court

💬 Have you encountered judicial case management in a High Court matter? Share your experience in the comments.

Please note: This post provides general legal information and does not constitute legal advice.

⚖️ DID YOU KNOW?The law is often more nuanced than we expect. Some things we assume are “obviously” the law are not quit...
25/08/2026

⚖️ DID YOU KNOW?

The law is often more nuanced than we expect. Some things we assume are “obviously” the law are not quite that simple.

In this edition, we explore 8 legal facts that might make you think twice, including:
📄 An agreement is not necessarily a contract.
🍺Intoxication does not automatically determine liability for a motor vehicle accident.
✍️Suretyships are subject to strict formal requirements.
🐶You may be held liable for damage caused by your pet.
💰A court may reduce certain contractual penalties.
⚖️Parties cannot simply choose whichever court they want to hear their matter.
⏳Not every debt prescribes after three years.
🔌You generally cannot take the law into your own hands, even when you believe someone is acting unlawfully.

And perhaps one of the most useful things to remember:
💡 A verbal contract can, in certain circumstances, be legally binding.

The law is rarely as simple as “yes” or “no”. The circumstances, applicable legislation and specific facts can make all the difference.

💬 Which of these legal facts surprised you the most? Let us know in the comments!

🔗 Want to explore these legal facts in more detail? Read the full article on: https://www.lerv.co.za/post/think-you-know-the-law-here-are-some-facts-that-might-surprise-you

Please note: This post provides general legal information and does not constitute legal advice.

🗞️ YOUR LEGAL BRIEF: The Right to Undisturbed Use and Enjoyment: A Cornerstone of South African Lease Law⏱ Estimated rea...
21/08/2026

🗞️ YOUR LEGAL BRIEF: The Right to Undisturbed Use and Enjoyment: A Cornerstone of South African Lease Law

⏱ Estimated reading time: 4 minutes

When you enter into a lease, you are not simply paying for the right to occupy a property. A tenant is also entitled, subject to the terms of the lease, to the beneficial and undisturbed use and enjoyment of the leased premises.

In this article, we discuss:
• what commodus usus means in South African lease law;
• the landlord's obligations to protect a tenant's use and enjoyment of the premises;
• circumstances in which a landlord's conduct may constitute a breach;
• the remedies that may be available to a tenant;
• what happens when interference results from events beyond the parties' control, such as a natural disaster or government restrictions; and
• how the terms of a lease agreement may limit or exclude aspects of the common-law protection.

We also consider the Supreme Court of Appeal's decision in Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust and the High Court's decision in Hyprop Investment Ltd v Sophia's Restaurant CC, and the practical implications of these cases for landlords and tenants.

Whether you are a landlord drafting a lease or a tenant entering into one, understanding the scope and limits of commodus usus can help you better understand your rights and obligations.

🔗 Learn more about your rights and obligations under a lease: https://www.lerv.co.za/post/the-right-to-undisturbed-use-and-enjoyment-a-cornerstone-of-south-african-lease-law

🗞️ YOUR LEGAL BRIEF: Which Entity Should You Choose for Your Business?⏱ Estimated reading time: 5 minutesStarting a busi...
20/08/2026

🗞️ YOUR LEGAL BRIEF: Which Entity Should You Choose for Your Business?

⏱ Estimated reading time: 5 minutes

Starting a business involves more than choosing a name and getting started. One of the first legal decisions an entrepreneur should consider is which legal structure is most appropriate for the business.

The entity you choose can have implications for personal liability, tax, compliance obligations, management, funding, succession planning and future growth.

In this article, we discuss:
• sole proprietorships and partnerships;
• private companies (Pty) Ltd;
• personal liability companies (Inc.);
• non-profit companies (NPCs);
• trusts; and
• close corporations (CCs), including their current position in South Africa.

We also consider some of the key factors to take into account when choosing an entity, including commercial risk, funding requirements, ownership structure and anticipated growth.

There is no single structure that is suitable for every business. The right choice depends on the nature and circumstances of the business and the objectives of its owners.

🔗 Discover which factors should be considered when choosing a business entity on: https://www.lerv.co.za/post/which-entity-should-you-choose-for-your-business

Le Roux Vivier Attorneys (LVA) is seeking an experienced Senior Associate Attorney to become an integral part of our tea...
14/08/2026

Le Roux Vivier Attorneys (LVA) is seeking an experienced Senior Associate Attorney to become an integral part of our team.

Applications are now open.

🗞️ YOUR LEGAL BRIEF: Expropriation Without Compensation: The Law (In a Nutshell)⏱ Estimated reading time: 13 minutesExpr...
14/08/2026

🗞️ YOUR LEGAL BRIEF: Expropriation Without Compensation: The Law (In a Nutshell)

⏱ Estimated reading time: 13 minutes

Expropriation without compensation has been one of South Africa's most debated legal and political issues. But what does the law actually provide?

In this article, we discuss:
• the constitutional framework governing property rights and expropriation under section 25 of the Constitution;
• the key provisions of the Expropriation Act 13 of 2024;
• the procedures that must be followed before property may be expropriated;
• how "just and equitable" compensation is determined;
• the limited circumstances in which nil compensation may be considered;
• the rights of owners, mortgagees and other rights holders; and
• the constitutional challenges currently facing the Expropriation Act.

The article provides an objective overview of the current legal position while highlighting an important point: nil compensation is not automatic, and the constitutionality and practical application of the Act remain subject to determination by the courts.

🔗 For a closer look at the law surrounding expropriation, visit: https://www.lerv.co.za/post/expropriation-without-compensation-the-law-in-a-nutshell

13/08/2026

Candidate Attorney (Articles) – January 2027

Johannesburg | Le Roux Vivier Attorneys

Le Roux Vivier Attorneys is inviting applications from ambitious and high-performing law graduates to commence articles of clerkship in January 2027. Earlier commencement during 2026 may be accommodated for the right candidate.

This position is ideally suited to a motivated individual who wishes to develop into an exceptional attorney through practical exposure, mentorship, and responsibility from an early stage.

Minimum Requirements:

- Final-year LLB student graduating in 2026, or an LLB graduate.
- Strong academic record.
- Excellent written and verbal communication skills.
- Exceptional attention to detail.
- Strong analytical and research abilities.
- Professionalism, integrity, and a strong work ethic.
- Ability to work independently while contributing effectively to a team.
- A genuine interest in litigation and commercial legal practice.

What We Offer:

- Exposure to a broad range of practice areas.
- Direct mentorship from experienced attorneys and partners.
- Significant practical responsibility and client interaction.
- A professional, supportive, and collaborative working environment.
- The opportunity to develop into a well-rounded legal practitioner.

Application Requirements:

Applicants must submit the following:
- A detailed curriculum vitae.
- A cover letter explaining why you wish to complete your articles with Le Roux Vivier Attorneys.
- An academic transcript or official statement of results reflecting all LLB marks obtained to date.
- A copy of your South African ID.
- Copies of all degree certificates (where applicable).
- Any additional supporting documentation that you believe will strengthen your application (including awards, achievements, references, certificates, or examples of legal writing).

Remuneration:

Salary is market-related and will be discussed with shortlisted candidates.

Applications:

Applications should be emailed to [email protected].

Only shortlisted candidates will be contacted.

🗞️ YOUR LEGAL BRIEF: Home Owners Associations in South Africa: A General Overview⏱ Estimated reading time: 4 minutesBuyi...
12/08/2026

🗞️ YOUR LEGAL BRIEF: Home Owners Associations in South Africa: A General Overview

⏱ Estimated reading time: 4 minutes

Buying a property in a private or gated development does not simply mean owning your individual erf. Membership of the Home Owners Association (HOA) brings with it certain rights, responsibilities and obligations that are important for every property owner to understand.

In this article, we discuss:
• the different legal structures through which HOAs may be established;
• who belongs to an HOA and what communal property it may be responsible for;
• the role of levies and governance documentation;
• the relationship between HOAs and the Community Schemes Ombud Service (CSOS);
• the responsibilities of HOA members and the HOA itself; and
• how disputes involving HOAs may be addressed.

We also consider the importance of governance documents and recent court decisions affecting matters such as conduct rules and short-term rentals within HOA developments.

Whether you are a homeowner, prospective purchaser or involved in the management of an HOA, understanding the legal framework governing these communities is essential.

🔗 Explore the full legal insight on our website: https://www.lerv.co.za/post/home-owners-associations-in-south-africa-a-general-overview

🗞️ YOUR LEGAL BRIEF: Emolument Attachment Orders for Arrear Maintenance⏱ Estimated reading time: 3 minutesHaving a Maint...
05/08/2026

🗞️ YOUR LEGAL BRIEF: Emolument Attachment Orders for Arrear Maintenance

⏱ Estimated reading time: 3 minutes

Having a Maintenance Order does not always guarantee that payments will be made. When maintenance falls into arrears, the Maintenance Act 99 of 1998 provides several mechanisms for enforcing the order, including an Emolument Attachment Order (EAO).

In this article, we discuss:
• what an Emolument Attachment Order is and how it works;
• when a maintenance beneficiary may apply for an EAO;
• what documentation is required when making the application;
• what happens once the order is granted and served on the debtor's employer; and
• circumstances in which an EAO may not be granted.

If you are owed maintenance and payments have fallen into arrears, understanding the available enforcement mechanisms can help you determine what steps may be available to you.

🔗 Find out how an Emolument Attachment Order may assist with recovering arrear maintenance: https://www.lerv.co.za/post/emolument-attachment-order-for-arrear-maintenance

🗞️ YOUR LEGAL BRIEF: Piercing the Corporate Veil: When Can a Court Look Behind a Company?⏱ Estimated reading time: 5 min...
31/07/2026

🗞️ YOUR LEGAL BRIEF: Piercing the Corporate Veil: When Can a Court Look Behind a Company?

⏱ Estimated reading time: 5 minutes

A company is generally treated as a separate legal person from its directors and shareholders. This principle provides businesses with important protection, including limited personal liability for the company's debts and obligations.

But what happens when the company structure itself is abused?

In this article, we discuss:
• what it means to "pierce the corporate veil";
• when a South African court may disregard a company's separate legal personality;
• the requirements of section 20(9) of the Companies Act 71 of 2008;
• the Constitutional Court's recent consideration of this principle in Centaur Mining South Africa (Pty) Ltd v Moodliar N.O. and Others; and
• why proper corporate governance matters for directors, shareholders and business owners.

The article also considers a practical example of how company assets may be moved between related entities and when such conduct could potentially expose those behind the company to personal liability.

🔗 Explore the full legal insight: https://www.lerv.co.za/post/piercing-the-corporate-veil-when-can-a-court-look-behind-a-company

Address

355 Beyers Naude Drive
Northcliff
2195

Opening Hours

Monday 08:00 - 16:30
Tuesday 08:00 - 16:30
Wednesday 08:00 - 16:30
Thursday 08:00 - 16:30
Friday 08:00 - 16:00

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