Mahembe Attorneys

08/06/2026

Hello Monday 👋
Success belongs to those who are prepared to take decisive action when opportunity arises✅

02/06/2026

01/06/2026

Securing Property Rights in the Digital Age🚨

Digitalisation and securitised deeds are paving the way for a more secure, transparent, and efficient property registration system. Modern records management helps safeguard ownership rights and promotes confidence in property transactions.

📧 [email protected]

01/06/2026

📑 DOCUMENTS REQUIRED FOR ISSUANCE OF SECURITISED DEEDS

Preparing your documents correctly is the first step towards securing and validating your property rights. Whether you are applying as an individual, company, or trust, ensure that all required documents are current, valid, and certified where necessary.

Review the requirements carefully to avoid delays in the issuance process and ensure a smooth application.

📧 [email protected]

01/06/2026

Hello June 👋
Keep Moving…….

29/05/2026

FAQ FRIDAY 💡
Q1.What is conveyancing🚨 ?
Ans🔔:Conveyancing is the legal process through which ownership of land or immovable property is formally transferred from one party (the transferor) to another (the transferee). It involves the preparation, ex*****on, and registration of all necessary legal documents to ensure the lawful transfer of property and to provide the purchaser with a clear, valid, and marketable title.
Q2.What is a conveyancer🚨?
Ans🔔: A conveyancer is a qualified legal practitioner who specialises in the preparation and ex*****on of documents required for the transfer of immovable property. In essence, the conveyancer facilitates and effects the transfer of title from the seller to the purchaser, playing a central role in ensuring that the property transaction is lawfully and properly completed.
Q3🚨.Can a sale of property be completed by an affidavit?
Ans🔔:An affidavit is not a conveyancing instrument and therefore cannot effect the transfer of ownership of immovable property. Ownership of land passes only upon registration of a valid deed of transfer in the Deeds Registry. An affidavit merely serves as a sworn statement of facts and, while it may support or clarify aspects of a transaction, it is insufficient to conclude or complete a sale on its own.

To validly finalise a transaction involving immovable property, established conveyancing procedures must be followed, including the conclusion of a written agreement of sale, the involvement of a conveyancer to prepare and lodge the necessary transfer documents, and ultimately the transfer of ownership through registration in terms of the Deeds Registries Act. It is only upon such registration that legal title is passed from seller to purchaser
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26/05/2026

Title deeds matter. Ensure your property documents are compliant under Section 40 of SI 76 of 2025. 🔔

25/05/2026

Honouring Africa’s legacy. Advancing its future.
Happy Africa Day from Mahembe Attorneys🌍

22/05/2026

FREQUENTLY ASKED QUESTIONS

CONSTRUCTIVE DISMISSAL 💡

Constructive dismissal is a form of unfair dismissal that arises when an employee resigns because the employer has deliberately created intolerable working conditions, making continued employment impossible.

Section 12B(3) of the Labour Act [Chapter 28:01] provides that an employee is deemed to have been unfairly dismissed where:

“The employee terminated the contract of employment, with or without notice, because the employer deliberately made continued employment intolerable for the employee.”

Key Legal Questions Considered by the Courts⚖️

To establish constructive dismissal, the courts generally consider:

➡️Whether the employer’s conduct deliberately made the working environment intolerable; and
➡️Whether the employee resigned as a result of that conduct.

Employer Conduct and Intolerable Working Conditions

In Rainbow Tourism Group v Richard Nkomo, the court confirmed that the burden of proof rests on the employee to show that the employer’s conduct made continued employment intolerable✅

In Astra Holdings (Pvt) Ltd v Kahwa, the court stated that constructive dismissal may arise where an employer commits conduct that fundamentally breaches the employment contract to such an extent that the employee is left with no reasonable option but to resign✅

FAQ Friday 🚨

Frequently Asked Questions from our LinkedIn and Facebook community.
Have a legal question? Connect with us and send your inquiries through our LinkedIn and Facebook accounts⚖️✅

20/05/2026

WISDOM WEDNESDAY 🧠💡

Welcoming a child should not come at the cost of a career.🤱

Female employees are entitled under Section 18 of the Labour Act to 98 days of paid maternity leave, during which all employment rights and benefits continue without interruption.