Whether you’re buying property, entering a business partnership, or finalising a divorce settlement — one thing’s for sure: contracts are not just paperwork. They are risk documents. And what you don’t understand can cost you dearly. At Shapiro & Haasbroek Inc., we’ve seen people lose homes, pay hidden penalties, and end up in court battles — all because they didn’t read the fine print. Here are 5 common contract clauses that can cause serious legal and financial problems if left unchecked:   Vague or Missing Termination Clauses Most contracts should include a clear “exit strategy.” If the agreement doesn’t specify how and when either party can terminate, you’re effectively locked in — even when the relationship breaks down. Pro Tip: Look for notice periods, penalty fees, and mutual termination terms.   Unfair Liability Clauses Some contracts push all responsibility onto one party — usually the one with less legal knowledge. These “limitation of liability” clauses often shields one party from lawsuits, even if they are at fault. Look out for: Phrases like “indemnify” or “hold harmless.”   Ambiguous or Unenforceable Payment Terms If your payment structure isn’t airtight, you could be left chasing unpaid invoices or facing penalties. Contracts should specify: Amounts Deadlines Late payment consequences   Watch for open-ended timelines like “upon completion” or “when feasible.”   No Dispute Resolution Clause When things go wrong (and they do), how will the dispute be resolved? If your contract doesn’t specify arbitration or mediation, your only option may be court — which is slow and expensive. Best practice: Build in a clause for alternative dispute resolution (ADR).   Reliance on Verbal Agreements South African law does uphold verbal contracts — but good luck proving one in a dispute. Always insist on written records, and ensure your contract reflects what was discussed. If it’s not in writing, it doesn’t exist. Period.   Contracts are meant to protect you — but only if they’re clear, balanced, and legally sound. Before signing anything with legal or financial consequences, take the time to understand every clause and consider the long-term implications. The fine print isn’t just formality — it’s where your rights are won or lost..

Parenting is a journey filled with love, challenges, and a thousand little decisions that shape a child’s life. But when you’re an unmarried parent, there’s often a bit of added uncertainty — especially around legal rights and responsibilities. In South Africa, the law has come a long way to reflect the reality that families come in all shapes and sizes. Whether you’re co-parenting, in a committed relationship, or raising your child on your own, it’s important to understand where you stand legally — and how to protect what matters most: your child’s well-being.   So, what does the law say? At the heart of it all is the Children’s Act 38 of 2005. This legislation lays the foundation for how the country recognises and protects children’s rights — and by extension, the rights and responsibilities of their parents. The Act defines parental responsibilities and rights as four key things: Care Contact Guardianship Maintenance For biological mothers, these rights are automatic from the moment the child is born. But for unmarried biological fathers, things can be a little more complicated. To gain full parental rights, an unmarried father needs to meet at least one of the following conditions: He must have been living with the mother in a committed life partnership at the time of the child’s birth, or He must have contributed — or tried to contribute — to the child’s upbringing and/or financial support. If these boxes aren’t ticked, don’t worry — a father can still apply to the court for parental rights. The court will always consider what’s best for the child when making that decision.   Why formalise it? It’s tempting to rely on verbal agreements or informal arrangements — especially when co-parenting relationships are amicable. But here’s the thing: without a legally recognised agreement, you could hit a wall when it comes to big decisions. Think about school enrolment, medical procedures, applying for a passport, or even something as simple as giving consent for a school outing — all of these require input from a legal guardian. Formalising parental responsibilities isn’t about red tape. It’s about protecting your child’s future, easing everyday decisions, and preventing conflict down the road. It also plays a vital role in: Resolving disputes: If disagreements arise or the parenting arrangement changes, you’ve got something solid to fall back on. Estate planning: If something happens to one parent, recognised parental rights can make guardianship and inheritance decisions much clearer and smoother.   Why this matters now more than ever The numbers say it all. According to Statistics South Africa’s General Household Survey (2021): More than 60% of children live in households where one biological parent is absent. Only about one-third of children live with both biological parents. That means co-parenting, blended families, and single-parent households aren’t the exception — they’re the norm. And yet, many of these families still don’t have the legal protections they deserve.   What about adoption and same-sex families? South Africa is often seen as a trailblazer when it comes to inclusive family law. Back in 2002, the landmark case Du Toit v Minister for Welfare and Population Development paved the way for same-sex couples to adopt children together — long before many other countries caught up. Today, the Children’s Act allows for adoption not only by married couples but also by partners in a permanent life partnership, regardless of gender or sexual orientation. This has opened the door for more families to provide loving, stable homes for children — and that’s something worth celebrating.   Whether you’re co-parenting, raising your child alone, or part of a non-traditional family, knowing your rights — and formalising them — gives you peace of mind. It’s not just about what the law says, it’s about making sure your child is cared for, protected, and supported in every way possible. At Shapiro & Haasbroek Inc., we work with families of all kinds to help them navigate the legal landscape with confidence. If you’re unsure about your rights or just want to make sure everything is in order, we’re here to help.

Divorce is a profound life transition, often accompanied by emotional upheaval and financial uncertainty. In South Africa, where the divorce rate increased by 10.9% in 2022, many individuals find themselves navigating the complexities of post-divorce financial arrangements. Ensuring fair maintenance—both for children and former spouses—is not just a legal obligation but a crucial step towards personal freedom and stability.​ Understanding Maintenance Rights Post-Divorce Maintenance, commonly referred to as alimony or child support, is a legal provision designed to ensure that dependents continue to receive financial support after a divorce. In South Africa, the law mandates that both parents contribute to the upbringing of their children, proportionate to their means. This obligation persists regardless of the parents’ marital status.​   Challenges in Maintenance Enforcement Despite clear legal frameworks, enforcement of maintenance orders remains a significant challenge. Recent data from the Department of Justice highlights that over 50% of maintenance orders in South Africa face compliance issues. This non-compliance often leaves custodial parents, predominantly women, shouldering the financial burden alone.​   Legal Mechanisms for Enforcement To address these challenges, South African law provides several mechanisms:​ Court Orders: If a maintenance agreement is not honored, the affected party can approach the Maintenance Court to enforce the order.​ Garnishee Orders: Courts can order employers to deduct maintenance payments directly from the defaulter’s salary.​ Blacklisting: Recent measures allow for defaulters to be reported to credit bureaus, impacting their credit ratings. ​ Attachment of Property: Courts may authorize the seizure of assets to recover unpaid maintenance.​   Adjusting Maintenance Orders Life circumstances change, and maintenance orders can be reviewed accordingly. Whether due to job loss, increased cost of living, or changes in the child’s needs, either party can apply for a variation of the maintenance order. It’s essential to approach the court with evidence supporting the need for adjustment.​   The Role of Legal Guidance Navigating the intricacies of maintenance law can be daunting. Legal professionals specializing in family law, like Shapiro & Haasbroek Inc., provide invaluable assistance in:​ Drafting and Reviewing Agreements: Ensuring that maintenance agreements are fair and comprehensive.​ Representation in Court: Advocating for clients during maintenance hearings.​ Enforcement Actions: Taking necessary steps when maintenance orders are not complied with.​   Financial stability post-divorce is not a luxury—it’s a right. By understanding and exercising your legal rights regarding maintenance, you take a significant step towards reclaiming your freedom and ensuring the well-being of your dependents.​ Empower yourself with knowledge and expert support—because your financial security matter.

Starting and running a business in South Africa is a dream for many — but it’s not without risks. While entrepreneurs often focus on growth, branding, and operations, it’s the legal groundwork that often determines whether a business will thrive or collapse under pressure. In South Africa, a large number of businesses don’t survive past the first few years. According to the Small Enterprise Development Agency (SEDA), only 37% of local businesses make it beyond four years. Often, this isn’t due to poor service or lack of effort — but rather, legal pitfalls that could have been avoided with the right support and knowledge. Let’s take a closer look at the most common legal mistakes business owners make — and how to avoid them. Not Formalising Your Business Structure Choosing the wrong business structure (or not registering one at all) can affect your tax liabilities, personal liability, and even your ability to raise capital. Operating informally might seem easier at first, but without a formal structure — like a (Pty) Ltd company — you’re personally on the hook if things go south. No Shareholder or Partnership Agreements Going into business with someone you trust is great — but trust isn’t a legal plan. Without a clear agreement in writing, even small misunderstandings can lead to serious disputes. These agreements help define roles, responsibilities, ownership, and exit strategies — and they’re crucial for long-term stability. Hiring Without Proper Employment Contracts Whether it’s a part-time assistant or a full-time team member, employment relationships must be legally protected. Not having contracts in place — or ignoring labour laws like the Basic Conditions of Employment Act — can lead to CCMA disputes, penalties, or even reputational damage. Every hire should come with a signed, legally compliant agreement. Overlooking Intellectual Property (IP) Your business name, logo, website content — even your unique product ideas — are all forms of intellectual property. If they aren’t protected (like through trademark registration), you’re leaving the door open for someone else to copy or even steal your brand identity. Once your brand is compromised, reclaiming it can be costly and complex. Using Generic or Downloaded Contracts Online templates might seem like a quick fix, but they rarely cover your unique situation — or comply with South African legislation. Every contract you enter into, whether with clients, suppliers or partners, should be tailored to your business by a legal expert who understands your industry. Falling Behind on Legal Compliance Running a business means staying on top of more than just sales. Are you POPIA-compliant? Have you renewed your industry licenses? Have you submitted your CIPC returns? Missing these steps can lead to fines or even closure. And as your business grows, so do the number of boxes you need to tick.   Prevention Is Always Better Than Cure The biggest legal mistakes usually start small — unnoticed, unchecked — until they become serious. Legal problems often don’t hit immediately. But when they do, they can be devastating. That’s why taking a proactive approach is key. Whether you’re launching a new venture or scaling an existing one, make sure your legal foundation is strong. It’s not just about protecting your business — it’s about protecting your future, your livelihood, and everything you’ve worked so hard to build.

Buying or selling property is one of the most significant financial decisions most people will make—whether it’s securing a family home, investing in a development, or purchasing a commercial space to grow a business. In South Africa, the property landscape is dynamic, shaped by economic shifts, regional trends, and ever-evolving legislation. For both buyers and sellers, knowledge is not just power—it’s protection. While the process of buying and selling property might appear straightforward, the reality is layered with legal, financial, and procedural complexity. From the moment an offer is made to the day keys are handed over, a number of critical checks, contracts, and obligations come into play. Without proper guidance and awareness, it’s easy to overlook details that can lead to delays or financial loss.   Residential Real Estate: Your Dream Home Requires Due Diligence South Africa’s residential property market continues to demonstrate resilience. Despite economic headwinds and interest rate hikes, pockets of growth remain in coastal towns, lifestyle estates, and areas popular with families looking for safety and schooling options. Semigration—the trend of relocating from large urban centres to more affordable, quieter towns—continues to impact buying behaviour, especially in regions like the Western Cape and KwaZulu-Natal. For those entering the market, particularly first-time buyers, it’s crucial to understand the legal weight of an Offer to Purchase. This document is not a placeholder or a simple agreement—it is a binding contract that sets the tone for the entire transaction. Buyers should never sign without a clear understanding of each clause, from occupation dates to penalties for withdrawal and conditional approvals. There are also hidden costs that buyers often overlook. Beyond the purchase price, transfer duty (if applicable), bond registration fees, conveyancing costs, and municipal clearance fees can significantly impact the total expense. Sellers, on the other hand, must ensure that all compliance certificates—electrical, plumbing, gas, beetle (where applicable)—are in place to avoid delays. Another frequent issue is property transfer delays. While a transfer typically takes 8 to 12 weeks, factors like outstanding municipal accounts, bank processing times, or missing documents can prolong the process. It’s essential for both parties to remain patient and to work with conveyancers who maintain clear communication throughout.   Commercial Property: High Stakes, Higher Complexity On the commercial side of the market, the stakes are often higher, and so are the risks. Commercial property encompasses everything from office buildings and warehouses to retail centres and industrial developments. Unlike residential property, commercial transactions involve complex zoning laws, business registration compliance, tax implications, and longer due diligence periods. Zoning, for instance, is a critical aspect that many overlook. A building may seem perfect on paper, but if it’s not zoned for its intended use—such as operating a retail store or light manufacturing—it can lead to serious legal issues and even business closure. Buyers and investors must consult local municipal zoning regulations before signing any agreement. Tax is another area where commercial deals differ. Whereas residential property transactions generally include transfer duty, commercial deals often attract VAT—particularly if the seller is a VAT-registered vendor. Understanding this distinction is vital, as it can impact how the deal is structured and how much is ultimately paid. For those entering into lease agreements, especially small business owners, the terms of commercial leases must be scrutinised. These agreements often include complex escalation clauses, maintenance responsibilities, and non-negotiable deposit terms. A poorly worded lease can leave tenants vulnerable and landlords without recourse. Furthermore, commercial transfers typically take longer due to the extensive vetting process. From verifying corporate documents to checking existing tenant lease agreements and environmental compliance, each step adds to the timeline. Investors must be prepared for the commitment and ensure they have legal support to navigate the various stages. While commercial property can offer substantial returns, it’s also tied to broader economic factors such as interest rates, infrastructure development, and business confidence. Before purchasing, it’s advisable to review vacancy rates in the area, rental yield projections, and long-term investment prospects.   A Balanced Approach to Property Success Whether you’re entering the property market to buy your first home or adding a new commercial space to your business portfolio, the principles of preparation, awareness, and expert support remain the same. In South Africa’s complex property environment, it’s not enough to rely on intuition or emotion. From reading every contract clause to understanding compliance requirements and planning for hidden costs, informed decisions are the best defence against future disputes or disappointments. The property market holds real opportunity—but only for those willing to do their homework. Stay curious, stay informed, and surround yourself with professionals who can walk the journey with you. That’s the true foundation of a successful property deal.                

Every child deserves a safe and nurturing environment, yet for many, this is not a reality. In South Africa, child neglect, abuse, and abandonment remain pressing concerns. According to the South African Child Gauge Report, thousands of children experience neglect and maltreatment, with over 40% of children living in households without consistent access to basic needs such as food and shelter. In 2021 alone, over 23,000 cases of child abuse and neglect were reported to the Department of Social Development. But who steps in when a child’s rights are violated? The Children’s Court, a specialised legal forum, is dedicated to safeguarding the best interests of minors. The Children’s Court seeks to create solutions that prioritise the well-being of the child. At Shapiro & Haasbroek Inc., we’ve witnessed the heartbreaking reality of children caught in legal battles, often with no one to advocate for them. Whether it’s a dispute regarding residency, child neglect, or adoption process, understanding how the Children’s Court functions can make all the difference. How the Children’s Court Intervenes in a Child’s Life The Children’s Court operates under the Children’s Act 38 of 2005, which was enacted to ensure that all legal matters involving children are handled with their best interests at heart. This court has the authority to step in when a child has been abused, neglected, abandoned, or requires special protection. Unlike the traditional court system, which can be intimidating and adversarial, the Children’s Court aims to resolve matters in a non-confrontational manner. Whenever possible, magistrates facilitate discussions in a private setting before resorting to formal legal proceedings. This ensures that all parties—whether it be parents, guardians, or social workers—have the opportunity to reach an amicable solution without unnecessary trauma to the child. Cases handled by the Children’s Court range from residency and contact disputes to applications for foster care, guardianship, and adoption. One of the most crucial aspects of this Court is its accessibility. Any person with a legitimate concern for a child’s well-being can approach the court, whether it’s a parent seeking increased contact rights, a social worker advocating for a neglected child, or even a teacher who suspects abuse. However, while the system is designed to be public-friendly, navigating the legal procedures without expert guidance can be challenging.   The Rights of a Child in South Africa South Africa has one of the most progressive legal frameworks for child protection, yet many children still suffer due to a lack of awareness and legal action. The Bill of Rights, as enshrined in the South African Constitution, affirms that every child has the right to family or parental care, protection from maltreatment, access to education, healthcare, and a safe living environment. Despite these protections, statistics paint a worrying picture. A recent UNICEF South Africa report highlighted that over 60% of children experience some form of violence before the age of 18, with sexual abuse, physical assault, and emotional neglect being the most common forms of mistreatment. The Children’s Court plays a crucial role in enforcing these rights. It ensures that children in unsafe environments are removed and placed in appropriate care, whether with another parent, a legal guardian, or foster care. It also ensures that parents who fail to provide financial support or who neglect their responsibilities are held accountable. However, the reality is that many children slip through the cracks because legal action is not taken swiftly. This is where family members, educators, and concerned citizens must step in. If a child’s rights are being violated, the law provides mechanisms to ensure they receive the protection and care they deserve.   Seeking Legal Help: Why Professional Guidance Matters Legal matters involving children are never straightforward. The emotional and psychological impact of a custody battle, abuse case, or guardianship dispute can have lifelong consequences for a child. While the Children’s Court is designed to be accessible, the legal process itself can be complex, time-consuming, and emotionally draining. At Shapiro & Haasbroek Inc., we specialise in child protection cases, disputes regarding care and residency, adoption processes, and legal guardianship matters. Our goal is to ensure that the legal system works in favour of the child and that families are equipped with the knowledge and resources to make informed decisions that serve the best interests of minors. If you are facing a legal matter involving a child, don’t wait until it’s too late. Your intervention could mean the difference between a child being trapped in an unsafe situation or receiving the protection and care they need. If you need legal assistance, contact us today. The well-being of a child may depend on it.  

Domestic violence is a silent epidemic in South Africa, affecting millions of women, men, and children across the country. It is more than just physical abuse—it includes emotional, financial, and psychological abuse, leaving deep and lasting scars. The Reality of Domestic Violence in South Africa South Africa has one of the highest rates of gender-based violence (GBV) in the world. The statistics are staggering: 1 in 3 women will experience some form of domestic violence in their lifetime. Every four hours, a woman is murdered—most often by someone she knows. Over 120,000 protection orders are issued annually in South Africa, yet many cases go unreported due to fear, stigma, or lack of faith in the justice system. More than 50% of children in South Africa have experienced or witnessed domestic violence, contributing to a cycle of trauma and abuse.   Domestic violence doesn’t discriminate. It affects people of all ages, races, and socioeconomic backgrounds. While women and children are the most vulnerable, men can also be victims. Understanding Domestic Violence Domestic violence encompasses a range of abusive behaviours, including: Physical abuse – Assault, hitting, pushing, or any form of physical harm. Sexual abuse – Forced sexual acts, including marital rape. Emotional and psychological abuse – Verbal insults, threats, manipulation, and humiliation. Economic abuse – Controlling finances, restricting access to money, or selling household property without consent. Intimidation and harassment – Stalking, excessive phone calls, or sending threatening messages. Property damage – Destroying a victim’s belongings or home. Trespassing – Entering a victim’s home without consent.   The Impact on Families and Communities Domestic violence doesn’t just harm the victim—it destroys families and communities. Children who grow up witnessing abuse are more likely to experience trauma, anxiety, and behavioural problems. Many go on to become victims or abusers themselves, continuing the cycle of violence into the next generation. For victims, the consequences can be life-altering: broken self-esteem, loss of independence, and in too many cases, loss of life. The fear of retaliation keeps many trapped in abusive relationships, feeling like there’s no way out. Breaking the Cycle: What Can You Do? Speak up – If you or someone you know is experiencing domestic violence, don’t stay silent. Know your rights – The South African government has laws in place to protect victims, including the Domestic Violence Act. Seek legal help – Shapiro & Haasbroek Inc is here to assist you in obtaining protection orders and taking legal action against abusers. Get support – There are shelters, support groups, and organisations ready to assist.   How to Apply for a Protection Order Victims of domestic violence can apply for a protection order at a Magistrate’s Court in the area where they live, work, or where the abuse occurred. The process includes: Completing an application form at the court. Submitting an affidavit detailing the abuse. Attending a court hearing where a magistrate will determine whether to issue an interim or final protection order. If a protection order is violated, the abuser can be arrested immediately.   You Are Not Alone – Help Is Available If you or someone you know is in danger, call the National GBV Hotline: 0800 428 428 or send a Please Call Me to 1207867#. At Shapiro & Haasbroek Inc., we believe in justice, safety, and protection for all victims of domestic violence. If you need legal assistance in obtaining a protection order or understanding your rights, we are here to help. Together, we can break the silence, support survivors, and build a future free from domestic violence. Share this message—it could save a life.