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Law Rules Everything Trying to make the law fun to learn and remember...and sell some cool stuff along the way. Consult an attorney for legal advice.

The information provided here is for educational purposes only, and may have errors, please verify before relying on it.

11/10/2026

here's why evolution doesn't make sense

09/10/2026

finding a job in South Africa is about to get harder

The Competition Commission ComplaintExposing cartel conduct and market abuse is strictly governed by the Competition Act...
09/10/2026

The Competition Commission Complaint

Exposing cartel conduct and market abuse is strictly governed by the Competition Act 89 of 1998 (Competition Commission v Pioneer Foods). Complainants lodge formal complaints under Chapter 2 covering horizontal cartels (Section 4 price-fixing or bid-rigging), vertical resale price maintenance (Section 5), or abuse of dominance (Section 8/9).

The Competition Commission investigates, utilizing search-and-seizure dawn raids (Section 46) and the Corporate Leniency Policy (CLP). If substantiated, the Commission refers the complaint to the Competition Tribunal for adjudication. Under Section 59, the Tribunal can levy administrative fines up to 10% of annual turnover (25% for repeat contraventions), while cartel architects face direct criminal prosecution under Section 73A carrying up to 10 years imprisonment.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Compulsory Liquidation of a Close CorporationWinding up an insolvent close corporation is strictly governed by Secti...
09/10/2026

The Compulsory Liquidation of a Close Corporation

Winding up an insolvent close corporation is strictly governed by Section 66 of the Close Corporations Act 69 of 1984 read with Chapter 14 of the Companies Act 61 of 1973 and Schedule 5 of the Companies Act 71 of 2008. Corporate entities are liquidated, not sequestrated. A creditor establishes commercial insolvency by serving a Section 345 Statutory Demand; failure to settle within 21 days creates a statutory presumption of inability to pay debts.

The High Court issues a Provisional Liquidation Order, placing the estate under a Master-appointed liquidator to halt individual ex*****on actions. Under Section 64 of Act 69 of 1984, members who trade recklessly or fraudulently after becoming insolvent lose corporate limited liability and face direct personal liability for corporate debts (Ex Parte De Villiers).

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Removal of a TrusteeExpelling a trustee is strictly governed by Section 20 of the Trust Property Control Act 57 of 1...
09/10/2026

The Removal of a Trustee

Expelling a trustee is strictly governed by Section 20 of the Trust Property Control Act 57 of 1988 (TPCA) and fiduciary principles (Gowar v Gowar). Under Section 20(2), the Master of the High Court may administratively remove a trustee for sequestration, conviction for dishonesty, incapacity, or failing to comply with Master directives. For breach of fiduciary duty or conflicts of interest, application is made to the High Court under Section 20(1).

Mere personal animosity between trustees or beneficiaries is insufficient; the applicant must prove the trustee's continued office imperils trust property or proper administration (Gowar v Gowar). Unilateral actions violating trust deed quorum rules invalidate transactions (Land Bank v Parker) and expose the removed trustee to personal delictual liability for trust losses and punitive cost orders de bonis propriis.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Debt Review Court OrderRestructuring credit obligations into a legally binding payment plan is strictly governed by ...
09/10/2026

The Debt Review Court Order

Restructuring credit obligations into a legally binding payment plan is strictly governed by Sections 86 and 87 of the National Credit Act 34 of 2005 (NCA) (Ferris v FirstRand Bank). Following a debt counsellor’s over-indebtedness assessment, the Magistrate’s Court evaluates the proposal under Section 87, declaring over-indebtedness and extending terms or reducing installments.

While Magistrates cannot unilaterally reduce contractual interest rates without creditor consent (Nedbank v Norris), the resulting court order creates a statutory bar under Section 88(3) preventing credit providers from initiating legal proceedings. If the consumer defaults on a single restructured payment, the legal shield lapses automatically, permitting credit providers to enforce original loan contracts (Ferris v FirstRand Bank). Clearance certificates under Section 71 require full settlement before credit bureau flags are expunged.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Habitatio Notarial DeedSecuring a lifelong right of residence is strictly governed by Sections 65 and 66 of the Deed...
09/10/2026

The Habitatio Notarial Deed

Securing a lifelong right of residence is strictly governed by Sections 65 and 66 of the Deeds Registries Act 47 of 1937 and common law personal servitude rules (Erlax Properties v Registrar of Deeds). Constituted via a Bilateral Notarial Deed or testamentary reservation registered against the title deed, habitatio grants a limited real right to dwell in a property.

Unlike usus, the holder of a habitatio may sublet or lease the home to third parties unless expressly restricted in the deed (Kidson v Jiva). Under Section 66, the right is non-transferable and terminates automatically upon the holder’s death. The bare dominium owners cannot evict the habitator, while remaining responsible for municipal rates and structural maintenance.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

08/10/2026

protests in Durban & Johannesburg

08/10/2026

Why are people shocked by what Paballo Noko said and has done? Women defend role models like Cyan Boujee and they expect lawyers and doctor? lol

The Notarial TieEnforcing joint ownership of separate land parcels without full statutory consolidation is strictly gove...
08/10/2026

The Notarial Tie

Enforcing joint ownership of separate land parcels without full statutory consolidation is strictly governed by Section 65 of the Deeds Registries Act 47 of 1937 and municipal land-use regulations (City of Tshwane v Cable City). Imposed primarily as a town planning requirement to allow shared building structures or parking, a Notarial Tie Agreement is executed before a Notary Public and registered as a personal servitude against the title deeds.

Under Section 65(3), existing bondholders must consent to the registration, and tied erven cannot be separately sold, transferred, or mortgaged. Untying the properties requires a formal Notarial Deed of Cancellation registered in the Deeds Registry, accompanied by municipal approval and bondholder consent.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

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