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Latest Articles

Our Published Articles feature expert commentary and updates on legal trends, authored by Livingston Leandy’s skilled attorneys to keep you ahead in commercial, estates, property law, and more.

Published Articles

THE UNCONSTITUTIONALITY OF LEX DOMICILII MATRIMONII

On 23 June 2026, the Western Cape High Court declared the entrenched common law rule…

livingston15.07.2026

Published Articles

THE CONSUMER PROTECTION ACT – SPAM CALLERS

The Consumer Protection Act Amendment Regulations - “Opt Out. Stay Out.” The Consumer Protection Act…

livingston22.04.2026

Published Articles

DONATION TAX IN SOUTH AFRICA

DONATION TAX IN SOUTH AFRICA: A SIMPLE GUIDE Donation tax is charged by the South…

livingston13.03.2026

Published Articles

PIERCING THE CORPORATE VEIL IN SOUTH AFRICA

Piercing the Corporate Veil in South Africa: What You Need to Know A company that…

livingston11.02.2026

Published Articles

THE CART BEFORE THE HORSE : WHY AN ANC CAN’T OUTRUN A CUSTOMARY MARRIAGE

The Constitutional Court, in VVC v JRM and Others ZACC 2, has provided much-needed clarity…

livingston29.01.2026

Published Articles

THE MERCHANT SHIPPING BILL AND ITS WITHDRAWAL

Charting A New Course: The Merchant Shipping Bill And Its Withdrawal South Africa’s maritime sector…

livingston26.11.2025

Published Articles

ESTATE PLANNING FOR CRYPTOCURRENCY

How To Secure Your Digital Assets After Death We live in a digital age that…

livingston19.11.2025

Published Articles

TERRITORIAL JURISDICTION

Territorial jurisdiction (the authority of a court to hear and determine a case) and the…

livingston23.10.2025

Published Articles

JUDICIAL BOUNDARIES IN ADMIRALTY

Lessons from Recent Litigation Situated along one of the world's busiest maritime trade routes, South…

livingston15.08.2025

Published Articles

UNDERSTANDING ESTATE DUTY IN SOUTH AFRICA

Estate duty is a tax on the dutiable value of a deceased person’s estate, governed…

livingston09.07.2025

Published Articles

UNDERSTANDING THE BUSINESS RESCUE PROCESS

Business Rescue, as set out in Chapter 6 of the Companies Act 71 of 2008,…

livingston21.05.2025

Published Articles

HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

South Africa became a member of the Hague Convention on Civil Aspects of International Child…

livingston30.04.2025

Published Articles

OFFSHORE BUNKERING AND THE ENVIRONMENT – STRIKING A BALANCE

Offshore bunkering, the supply of fuel to a vessel at sea outside a harbour, started…

livingston17.03.2025

Published Articles

PRIMARY RESIDENCE EXCLUSION FOR CAPITAL GAINS TAX CALCULATION

Introduction: Capital Gains Tax (“CGT”) is a form of income tax which arises when an…

livingston11.11.2024

Published Articles

TO BE OR NOT TO BE – A SHORT GUIDE TO THE SOUTH AFRICAN MARITAL REGIMES

When entering into a marriage due consideration must be given to the different marital regimes,…

livingston12.09.2024

Published Articles

A PARADIGM SHIFT TO EMERGE WITH SA’S NEW PUBLIC PROCUREMENT ACT

On 23 July 2024, President Cyril Ramaphosa signed the new Public Procurement Act 28 of…

livingston13.08.2024

Published Articles

FICA REQUIREMENTS WITHIN THE PROPERTY INDUSTRY

The Financial Intelligence Centre Act 38 of 2001 (“the Act”) was introduced into the South…

livingston03.07.2024

Published Articles

FREQUENTLY ASKED QUESTIONS REGARDING TRUSTS REGISTERED IN SOUTH AFRICA

1. Is it necessary to appoint an independent trustee The Trust Property Control Act, 1988…

livingston20.06.2024

Published Articles

THE ASSOCIATED SHIP – ALTERNATIVE SOURCES OF CONTROL

South Africa has long held the reputation of being one of the best jurisdictions to…

livingston11.06.2024

Published Articles

EMAIL INTERCEPTION AND CYBERCRIMES

Beware of the man-in-the-middle: email interceptions and cybercrimes With the rapid advancement of technology, cybercrime…

livingston22.05.2024

Published Articles

CANNABIS AND THE WORKPLACE

In 2019, the Constitutional Court declared the criminal prohibition against the cultivation, possession, and use…

livingston29.04.2024

Published Articles

GUARDIANS FUND AND TESTAMENTARY TRUSTS

In South Africa, the Guardians Fund is designed to stand as a pillar of protection…

livingston08.04.2024

Published Articles

IN THE BEST INTERESTS OF THE CHILD

The best interests of a child must reign supreme amidst parental discord – B.M.G.S v…

livingston26.03.2024

Published Articles

PRESCRIPTION AND TIME BAR CLAUSES

Time is of the essence: prescription and time bar clauses. Prescription occurs when a debtor’s…

livingston27.02.2024

Published Articles

THE DISTINCTION BETWEEN GUARANTOR AND SURETY

Distinguishing between the legality of a guarantor and surety In the recent court case, Standard…

livingston23.01.2024

Published Articles

CAUTION WHEN APPROACHING THE COURTS PREMATURELY

Be cautious when approaching the courts prematurely to resolve a community scheme dispute. The recent…

livingston23.11.2023

Published Articles

RESOLUTIONS TO BE SIGNED UNANIMOUSLY

Is a resolution signed by the majority of trustees valid? A trust is a legal…

livingston16.11.2023

Published Articles

HOMEBUILDERS COMPENSATION

Will a home builder be entitled to claim compensation for services rendered if they are…

livingston08.11.2023

Published Articles

PARENTAL LEAVE

Developments in South Africa’s Maternity Leave Provisions. On 25 October 2023, the Gauteng Division of…

livingston03.11.2023

Published Articles

ELECTRONIC SIGNATURES

The legality of Electronic signatures and the Alienation of Land Act. An electronic signature is…

livingston10.10.2023

Published Articles

DECARBONISATION AND CBAM

Decarbonisation and the introduction of the Carbon Border Adjustment Mechanism (CBAM) The Carbon Border Adjustment…

livingston19.09.2023

Published Articles

THE BLOODY HAND DOES NOT INHERIT, BUT CAN IT BENEFIT FROM THE JOINT ESTATE?

‘…to love and to cherish, till death do us part...’ When one lovingly utters such…

livingston13.09.2023

Published Articles

BUSINESS EMAIL COMPROMISE

Liability of loss resulting from business email compromise. Business email compromise (“BEC”) is a frequent…

livingston02.05.2023

Published Articles

DOMESTIC WORKERS AND COIDA

Domestic Workers and their Right to Compensation for Occupational Injuries and Diseases “Domestic Workers are…

livingston24.04.2023

Published Articles

COLLECTIVE MISCONDUCT IN THE WORKPLACE

In the words of Halford Luccock, “No one can whistle a symphony. It takes an…

livingston11.04.2023

Published Articles

TRANSPORT AND STORAGE OF LITHIUM ION BATTERIES

Guidelines for shipment of lithium-ion batteries. A Lithium-Ion or Li-ion battery is a type of…

livingston04.04.2023

Published Articles

CAN FINANCIAL PENALTIES BE LEGITIMATELY IMPOSED BY A HOME OWNERS ASSOCIATION AND A BODY CORPORATE?

All community schemes are regulated by the Community Schemes Ombud Service Act 9 of 2011…

livingston22.03.2023

Published Articles

FORFEITURE OF PATRIMONIAL BENEFITS OF MARRIAGE

The Legal Matrix – Forfeiture of Patrimonial Benefits of a Marriage When two partners come…

livingston16.03.2023

Published Articles

A REMINDER : BEWARE SECTION 34 OF THE INSOLVENCY ACT

When a business or any assets of a business are sold, it is important that…

livingston27.02.2023

Published Articles

TRANSFER DUTY THRESHOLD

Tax relief for property purchasers. The Minister of Finance, in his Budget Speech delivered on…

livingston24.02.2023

Published Articles

TRANSFER OF A BUSINESS AS A GOING CONCERN OR NOT?

Section 197 of the Labour Relations Act 66 of 1995 (“the LRA”) offers protection to…

livingston17.02.2023

Published Articles

THE ENFORCEABILITY OF A LIFELONG MAINTENANCE CLAUSE IN AN EXTERNAL AGREEMENT

The enforceability of a lifelong maintenance clause in an external agreement. Antenuptial contracts (ANC’S) contain…

livingston14.02.2023

Published Articles

DO NON-RELOCATION CLAUSES NECESSARILY MEAN NON-RELOCATION?

‘Sadly, however, children of divorced parents do not live in an ideal familial world …’…

livingston10.02.2023

Published Articles

ENFORCEABILITY OF RESTRAINT OF TRADE AGREEMENTS

Employers typically include restraint of trade clauses in contracts of employment, more particularly when entering…

livingston24.01.2023

Published Articles

SARS’ APPROACH TO PRICING INTRA – GROUP LOANS

The capital structure of a company consists of equity and debt which is used for…

livingston20.01.2023

Published Articles

DECLARATION OF PUBLIC HOLIDAY – EMPLOYER’S OBLIGATIONS

Additional Public Holiday Declared President Cyril Ramaphosa has declared Tuesday, 27 December 2022 a public…

livingston08.12.2022

Published Articles

PREFERENTIAL PROCUREMENT REGULATIONS 2022

Following the Constitutional Court declaring the 2017 Preferential Procurement Regulations to be unlawful in Minister…

livingston05.12.2022

Published Articles

CONCEALING TRUST ASSETS TO REDUCE ACCRUAL

There are various advantages and disadvantages when creating a trust, with one advantage being the…

livingston28.11.2022

Published Articles

CRITERIA FOR LAUNCHING URGENT APPLICATIONS

In Square Root Logistics (Pty) Ltd v The Commissioner for the South African Revenue Services…

livingston18.10.2022

Published Articles

UNDERSTANDING ANTI-DISSIPATION ORDERS AND THEIR RELATION TO CHILD MAINTENANCE

This article explains the term dissipation and its relation to the maintenance of children as…

livingston13.10.2022

Published Articles

SIYAKHUPHUKA INVESTMENTS v PORTS REGULAR OF SOUTH AFRICA TRANSNET SOC & OTHERS (5520/2016)

In a recent judgment handed down on 16 September 2022 in the case of Siyakhuphuka…

livingston22.09.2022

Published Articles

INFORMATION OFFICER IN TERMS OF POPIA

Registration of Information Officers & Deputy Information Officers in terms of POPIA Information Officers (IO)…

livingston05.09.2022

Published Articles

HARRASSMENT IN THE WORKPLACE

A period of six months has passed since the Amended Code of Good Practice on…

livingston02.09.2022

Published Articles

NAMING AND SHAMING ON SOCIAL MEDIA IN SOUTH AFRICA

If you follow international legal news, you may have noticed that on Friday 29 July…

livingston02.08.2022

Published Articles

A STEP CLOSER TOWARDS THE RECOGNITION OF MUSLIM MARRIAGES

The unanimous Constitutional Court judgement handed down on 28 June 2022 in the matter between…

livingston08.07.2022

Published Articles

SECTION 7(3) OF THE DIVORCE ACT AND ITS CONSTITUTIONAL INVALIDITY

South Africa became a member of the Hague Convention on Civil Aspects of International Child…

livingston20.06.2022

Published Articles

PRIVACY COMPLIANCE AND CYBER INCIDENT RESPONSE POLICY

We are living in the Information Age, and technology continues to shape the way we…

livingston20.06.2022

Published Articles

PURCHASING IMMOVABLE PROPERTY IN THE NAME OF A TRUST

When considering purchasing immovable property in the name of a trust, one needs to be…

livingston03.06.2022

Published Articles

MANAGING AGENTS AND THE PROPERTY PRACTITIONER’S ACT

The Property Practitioner’s Act 22 of 2019 (“the Act”), which came into operation on 1…

livingston13.05.2022

Published Articles

THE MARINE OIL POLLUTION BILL (PREPAREDNESS, RESPONSE AND COOPERATION) 2022

The Department of Transport (‘‘the Department’’) will introduce the Marine Oil Pollution (Preparedness, Response and…

livingston21.04.2022

Published Articles

PUBLICATION OF DRAFT PREFERENTIAL PROCUREMENT REGULATIONS FOR PUBLIC COMMENT

On 10 March 2022, the draft Preferential Procurement Regulations in terms of Section 5(2) of…

livingston15.03.2022

Published Articles

FAMILY LAW UPDATE: THE DUTY TO MAINTAIN CHILDREN AND THE CONSEQUENCES OF FAILING TO DO SO

Several recent judgments have reinforced the necessity for compliance with court orders relating to childcare…

livingston08.03.2022

Published Articles

THE LEGAL EFFECT OF A RESIGNATION BEFORE SANCTION

In the recent case of Mthimkhulu v Standard Bank of South Africa (J928/20) ZALCJHB 201,…

livingston28.02.2022

Published Articles

EMPLOYERS BEWARE: MANDATORY VACCINATION WORKPLACE POLICY

In recent weeks, two CCMA awards relating to mandatory COVID-19 vaccination policies in the workplace…

livingston14.02.2022

Published Articles

“SURVIVING SPOUSE” TO INCLUDE PERMANENT LIFE PARTNERS

In the matter of Bwanya v The Master of the High Court, the applicant and…

livingston05.02.2022

Published Articles

THE PROPERTY PRACTITIONERS ACT – REFORMING THE PROPERTY INDUSTRY

The Property Practitioners Act 22 of 2019 (PPA) will take effect on 1 February 2022.…

livingston03.01.2022

Events

Discover what’s happening at Livingston Leandy. Our Events section highlights internal gatherings, workshops, and team initiatives, showcasing our vibrant firm culture and commitment to professional growth and community engagement.

Events

CLIENT EVENT WITH AFRICAN ADVENTURER, KINGSLEY HOLGATE

livingston14.05.2026

Events

2025 CYBER SECURITY EXECUTIVE BUSINESS BREAKFAST

On 23 July 2025, Livingston Leandy (LLI) hosted clients for an Executive Business Breakfast at…

livingston23.07.2025

Events

2024 LLI WOMEN’S DAY EVENT

LLI celebrated Women’s Day by hosting clients for High Tea at the Beverly Hills Hotel.…

livingston16.08.2024

Events

2024 LLI TEAM-BUILDING EVENT

Our team enjoyed an afternoon of tenpin bowling filled with fun and cheer. Each team…

livingston17.07.2024

Events

2023 LLI END OF YEAR STAFF PARTY

LLI celebrated the end of 2023 with a three course lunch on our beautiful office…

livingston08.12.2023

Events

2023 #100MORE EVENT

livingston17.08.2023

Events

2023 LLI WOMEN’S DAY EVENT

LLI hosted clients for a High Tea at the Beverly Hills Hotel to celebrate Women's…

livingston16.08.2023

Events

2023 LLI STAFF – WOMEN’S DAY CELEBRATION

Thank you to our staff for transforming our office space and arranging a wonderful Women's…

livingston04.08.2023

Events

2023 STUDENT DAY HELD AT LLI

LLI hosted a student day with 3rd & 4th year LLB students from our local…

livingston15.04.2023

Events

2022 WOMENS DAY EVENT

In a departure from previous Womens’ Month celebrations, this year the firm decided to emphasise…

livingston22.08.2022

Events

2022 LLI TEAM-BUILDING EVENT

LLI had an amazing day outdoors combining melodious beats, ably lead by the African Drumshack.…

livingston06.05.2022

Events

2022 30% CLUB, HOSTED BY LLI

LLI hosted the 30% Club breakfast where discussions were held on Enhanced Well Being through…

livingston08.04.2022

Events

2021 LLI END OF YEAR STAFF PARTY

LLI enjoyed a wonderful end of year celebratory lunch, with a Havana Nights theme, and…

livingston03.12.2021

Events

2019 WOZA AWARDS

Livingston Leandy is proud to be the first runner up at the inaugural WOZA awards…

livingston03.08.2019

Events

2019 LLI’s 130 YEAR CELEBRATION

Livingston Leandy held a client function for its 130th Anniversary and to celebrate a “Legacy…

livingston17.07.2019

Events

2019 SCHOLAR’S CAREERS DAY AT LLI

Livingston Leandy held its inaugural Scholars’ Career Day on Saturday, 4 May 2019. The event…

livingston04.05.2019

Events

2019 PMR.AFRICA BUSINESS EXCELLENT AWARDS CEREMONY

Livingston Leandy is proud to have received the GOLDEN ARROW award at the 2019 PMR.africa…

livingston11.02.2019

Events

2019 LLI END OF YEAR STAFF PARTY

Livingston Leandy held its year end staff lunch at SW1 on Friday, 7 December 2018.…

livingston07.12.2018

Events

2019 LLI CLIENT COCKTAIL EVENING

Livingston Leandy hosted a cocktail evening for our clients at our new premises. Thank you…

livingston01.11.2018

Events

2019 LLI’s RELOCATION TO NEW OFFICE

Livingston Leandy moved into its new offices in the Glass House Office Park.

livingston01.09.2018

Events

2019 LLI WOMEN’S DAY EVENT

Livingston Leandy held its annual Women’s Day event at the Oyster Box. Our clients enjoyed…

livingston08.08.2018

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