Anti-avoidance rules take preference in zero or low-interest loans

The in duplum rule originated from the South African common law and has been applied through South African case law for over 100 years. The rule aims to protect borrowers from exploitation by lenders that allow and, in some cases, cause interest to accumulate unabated: leading borrowers into further indebtedness. In terms of the common law, the interest charged on a […]

Claiming maintenance from a life partnership estate

On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1) of the Intestate Succession Act 81 of 1987 (“the ISA”) is unconstitutional and invalid insofar as it excludes Ms Bwanya, a surviving life partner in a permanent opposite-sex life partnership, from inheriting from her deceased fiancé’s estate. The Facts Ms Bwanya and Mr […]

How to lead when the only certainty is uncertainty

Humankind has always been known for its innovation and ability to advance in technology and science. Most of human development and technology is the product of the last 200 years of history. In fact, we are developing technology and innovation at an exponentially increasing rate. Yet for all the progress we have made, the world currently seems to find […]