by Swarts Marais Attorneys | Aug 26, 2026 | Delict and Civil Claims
“An ounce of prevention is worth a pound of cure.” (Benjamin Franklin) On New Year’s Day in 2012, the rider was travelling along Airport Road (MR347), between George Airport and Blanco, when his motorcycle struck a pothole approximately 600mm wide. He lost control,...
by Swarts Marais Attorneys | Jul 28, 2026 | Property
“You do not mend a broken vase by handing over a new one.” (Anonymous) When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never...
by Swarts Marais Attorneys | Jul 28, 2026 | Trusts
“The palest ink is better than the best memory.” (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind...
by Swarts Marais Attorneys | Jul 28, 2026 | Property
“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed to Mark Twain) A married couple moved to Australia and rented out their South African family home while they tested the...
by Swarts Marais Attorneys | Jun 25, 2026 | Property
“The single biggest problem in communication is the illusion that it has taken place.” (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong...