Insights

Legal analysis, commentary, and practical guidance from the team at Mthembu & Co Attorneys.

Division of the Matrimonial Estate: In Community of Property Versus Out of Community of Property

How the matrimonial property regime affects what each spouse is entitled to on divorce is one of the most consequential aspects of family law — and one of the least understood by the public.

March 18, 2026

Family Law

The Best Interests of the Child Standard in South African Custody Disputes

Section 28(2) of the Constitution provides that in every matter concerning a child, the child's best interests are of paramount importance. But what does this mean in practice when parents disagree on care and contact arrangements?

March 17, 2026

Debt Collection

Default Judgment: When the Debtor Does Not Defend

When a debtor fails to respond to legal proceedings, the creditor may apply for default judgment. But the process is not automatic, and there are important requirements that must be met.

March 10, 2026

Debt Collection

The Section 129 Notice: A Prerequisite That Cannot Be Overlooked

Before a creditor can enforce a credit agreement through the courts, the National Credit Act requires that a Section 129 notice be delivered. Getting it wrong can derail the entire recovery process.

March 3, 2026

Personal Injury

Claims Against the State: Navigating the Requirements of the Institution of Legal Proceedings Act

Bringing a personal injury claim against a state hospital, municipality, or government department requires compliance with strict procedural prerequisites. Failure to comply can be fatal to the claim.

February 24, 2026

Personal Injury

The Duty of Care in South African Negligence Law: When Does a Legal Obligation Arise?

Not every harm gives rise to a legal claim. For a personal injury claim to succeed, the defendant must have owed the claimant a duty of care. This article examines how South African courts determine the existence and scope of that duty.

February 17, 2026

Road Accident Fund Claims

Quantifying General Damages in RAF Claims: What the Courts Consider

General damages in RAF claims compensate for pain, suffering, and loss of amenities of life. But how do courts arrive at a figure? This article examines the principles and factors that guide the assessment.

February 10, 2026

Road Accident Fund Claims

Understanding the Three-Year Prescription Period in RAF Claims: When Does the Clock Start?

The three-year prescription period for RAF claims is widely known but frequently misunderstood. The question of when prescription begins to run and when it may be interrupted is more nuanced than many claimants and practitioners appreciate.

February 3, 2026