MDW Attorneys selling Property

23/06/2026

The Airbnb Dilemma: Is Cape Town Heading for Stricter Short-Term Rental Rules?

Cape Town has long been a global tourism hotspot, but its soaring popularity has triggered a fierce debate. On one side, property owners and the tourism sector are thriving. On the other, locals are facing skyrocketing long-term rental rates and a tightening housing crisis.

With cities around the world introducing heavy restrictions on platforms like Airbnb, many are asking: What comes next for the Mother City?

South Africa's legislative framework—coupled with Cape Town's local zoning by-laws—is facing increasing pressure to find a balance between economic growth and housing accessibility for everyday residents.

Read the full article on our blog:

Don’t fret just yet, landlords. As of March 2026, there are still no specific laws regulating short-term letting in South Africa.

09/06/2026

Whose Deposit Is It Anyway? Navigating the Rental Security Tug-of-War

The moment a tenant hands over a security deposit, a silent countdown begins. Tenants expect it back in full, while landlords want to ensure their asset is protected against damage. When the lease ends, this often turns into a legal tug-of-war.

In South Africa, rental deposits are strictly governed by the Rental Housing Act. Bypassing the rules—whether it's skipping inspections or withholding funds without proof—can land you straight in front of the Rental Housing Tribunal.

Whether you are a landlord protecting your investment or a tenant moving to a new home, understanding these legal boundaries is essential.

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Navigating the tug-of-war over rental security

02/06/2026

Company vs. Trust: Where does your business risk sit?

A company is built to grow a business. A trust is built to protect what that business creates. Choosing the wrong one can stall your funding or leave your personal assets exposed to creditors.

Before you structure or scale your setup this year, understand how corporate tax rates, personal liability, and funding opportunities shift depending on your choice.

Read full article on our blog:

27/05/2026

Can a court completely block a biological child from inheriting?

Yes, it can. The North West High Court recently invalidated a disputed last will and testament and officially declared a daughter unworthy to inherit from her father's estate.

The judgment highlights a critical truth: the formal rules governing wills are there for a reason. When those safeguards are bypassed—whether through carelessness or worse—the consequences for a family legacy are devastating.

If you have a will, are planning to draft one, or want to understand how the courts protect vulnerable testators, this case is essential reading.

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The North West High Court's judgment in Lombard v Van Der Merwe, handed down on 24 March 2026, is essential reading for anyone who has a will, is thinking

05/05/2026

In the legal world, "self-help" isn't a DIY project—it's a liability.

When a property owner takes back possession forcibly or without consent, they bypass the rule of law. South African courts use the Mandament van Spolie to restore the status quo, regardless of who actually owns the property.

Key Takeaway: The court doesn't care who is "right" in a spoliation hearing; they only care who was in possession.

Understand the risks of unlawful dispossession here:

28/04/2026

Evicting a tenant or occupier in South Africa is a highly regulated process governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords cannot take the law into their own hands. Let’s unpack the legal steps for a lawful eviction, the rights of unlawful occupiers, and why legal guidance is essential for resolving matters fairly, legally, and compassionately.

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21/04/2026

Honesty and disclosure are the cornerstones of any sale agreement. In a recent judgment, the court ruled in favor of a purchaser who was sold a "wildtrack" Ford Ranger based on false representations about its accident history and service record.

Key Legal Takeaways:
• Material Misrepresentation: If a seller makes false claims that induce you to buy, you may have the right to cancel the contract and claim restitution.
• Non-Disclosure: Failing to mention a serious prior accident is a material omission that courts do not take lightly.
• Restitution: The goal of the law is to put you back into the position you were in before the sale happened.

Whether you're relying on common law principles or the Consumer Protection Act (CPA), you don't have to settle for a defective vehicle.

Read full dreakdown on the blog:

01/04/2026

Court trial dates in 2031? Why mediation is no longer just an option.

South Africa’s courts are overwhelmed, leading to massive delays and high costs for anyone seeking justice. To fix this, new legislative efforts are focusing on "Mediation Before Litigation."
What are the benefits?

• Faster Resolutions: Don't wait years for a court date.
• Lower Costs: Litigation is expensive; mediation focuses on finding common ground quickly.
• Empowerment: Parties have more control over the outcome compared to a rigid court ruling.
We explore how the proposed Draft Mediation Bill seeks to balance efficiency with your constitutional rights.

Read more: https://mdwinc.co.za/2026/02/26/mediation-before-litigation-balancing-efficiency-and-constitutional-rights/