Couzyn, Hertzog & Horak Attorneys

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Couzyn, Hertzog & Horak Attorneys At Couzyn, Hertzog & Horak Attorneys we strive to provide well informed legal assistance and innovat

The Relationship the Law Forgot to RecogniseCohabitation Doesn’t Mean You Share Legal RightsMany couples move in togethe...
06/10/2026

The Relationship the Law Forgot to Recognise

Cohabitation Doesn’t Mean You Share Legal Rights
Many couples move in together, split the rent, raise children, and quietly assume that the law sees them as something close to being married. The reality is that South African law does not recognise a general common-law marriage, and cohabiting partners do not receive automatic matrimonial property rights.

Read more : https://www.couzyn.co.za/2026/06/24/the-relationship-the-law-forgot-to-recognise/

22/09/2026

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others.

Read more : https://www.couzyn.co.za/2026/06/24/can-trustees-sell-trust-property-to-their-own-company/

Wie erf wat? Wat was jou wense? En wie moet die besluite neem? Sonder ’n testament kan jou boedel jou familie behoorlik ...
14/09/2026

Wie erf wat? Wat was jou wense? En wie moet die besluite neem? Sonder ’n testament kan jou boedel jou familie behoorlik laat spook. Hierdie Testamentweek, 14–18 September, help ons jou om enige onsekerheid vir jou familie te voorkom. Ons span stel jou basiese testament gratis op, sodat jou wense duidelik op skrif is en jou familie weet waar hulle staan. Maak nou ’n afspraak: https://form.jotform.com/262561493023555

Collecting School Fees in South Africa: The Legal Framework for 2026Schools have the right to recover unpaid fees, but t...
08/09/2026

Collecting School Fees in South Africa: The Legal Framework for 2026

Schools have the right to recover unpaid fees, but the law sets a precise sequence of steps that must be followed before any enforcement action can lawfully begin.

For public schools, Section 39 of the South African Schools Act SASA governs the entire process, from exemption entitlements to the point at which a matter enters litigation. Private schools operate under their contractual arrangements with parents, but the courts continue to apply analogous enforcement principles to both sectors.

Read more : https://www.couzyn.co.za/2026/06/24/collecting-school-fees-in-south-africa-the-legal-framework-for-2026/

Considering Divorce? Here’s Why Early Legal Advice MattersDeciding to end a marriage is rarely a sudden choice. For most...
25/08/2026

Considering Divorce? Here’s Why Early Legal Advice Matters

Deciding to end a marriage is rarely a sudden choice. For most people, it is the result of months, sometimes years, of deliberation, emotional struggle, and trying to find a way forward. Most people only seek legal counsel when emotions have boiled over, communication has completely collapsed, or impulsive, life-altering decisions have already been made.

Read more : https://www.couzyn.co.za/2026/06/05/considering-divorce-heres-why-early-legal-advice-matters/

18/08/2026

Your HR Files Could Be a POPIA Problem

Keeping everything “just in case” can become a liability

Many HR departments freely collect employee information and keep it indefinitely. The reason is almost always the same: we might need it someday. Payslips and medical certificates of former employees, CCTV footage stored on a shared drive, or disciplinary records retained long after a case has expired, create far less security. It creates a liability.

Read more : https://www.couzyn.co.za/2026/06/05/your-hr-files-could-be-a-popia-problem/

30/06/2026

How trusts preserve generational wealth

The estate duty savings are compounded over several generations

ARTICLES ON trusts are often aimed at settlors or donors to highlight the benefit of trusts and the role they play in estate planning at the ‘first-generation’ level. In this article, the author aims to illustrate to second-generation beneficiaries the effect of the decisions their parents took on their behalf to establish a trust in which to grow their assets.

Read more : https://www.couzyn.co.za/2026/06/05/how-trusts-preserve-generational-wealth/

16/06/2026

Do Part-Time Domestic Workers Get Paid Leave?

In South Africa, many households employ part-time domestic workers or gardeners who may only work once or twice a week. Employers often wonder whether they need to provide paid leave in these cases.
The short answer is yes — but only proportionally, based on the number of days worked.

Read more : https://www.couzyn.co.za/2026/03/18/do-part-time-domestic-workers-get-paid-leave/

26/05/2026

Mediation Before Litigation: Balancing Efficiency and Constitutional Rights

South Africa’s civil justice system faces significant challenges, including escalating litigation costs, prolonged delays, and an overwhelming backlog of cases, with some civil trial dates not projected until 2031. Against this background, the South African Law Reform Commission (SALRC) has been developing a Draft Mediation Bill since 2019 to integrate alternative dispute resolution (ADR), particularly mediation, into the mainstream justice system.

Read more : https://www.couzyn.co.za/2026/03/18/mediation-before-litigation-balancing-efficiency-and-constitutional-rights/

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