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A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?

A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?

by Guthrie Colananni Attorneys | Jun 25, 2025 | Constitutional Law, Contract

“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson Mandela) International Nelson Mandela Day is celebrated worldwide on 18 July every year, but in South Africa the whole of July is...
BFFs no More: The Verbal Agreement That Cost R1 Million

BFFs no More: The Verbal Agreement That Cost R1 Million

by Guthrie Colananni Attorneys | Apr 23, 2025 | Contract

“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed...
Gift or Loan? A Cautionary Tale for the Season of Giving

Gift or Loan? A Cautionary Tale for the Season of Giving

by Guthrie Colananni Attorneys | Nov 26, 2024 | Contract

“The bluntest pencil is better than the sharpest mind” (Unknown) The Festive Season is traditionally a time for giving, and it seems a pity to have to mention the hard realities of the law right now. But, as a recent High Court dispute confirms, things can go horribly...
Contracting with Trusts – Is a Majority Resolution Valid?

Contracting with Trusts – Is a Majority Resolution Valid?

by Guthrie Colananni Attorneys | May 27, 2024 | Contract, Property, Trusts

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
Can Your Thumbs-Up Emoji or E-Signature Seal a Deal?

Can Your Thumbs-Up Emoji or E-Signature Seal a Deal?

by Guthrie Colananni Attorneys | Jul 26, 2023 | Contract

“…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below) ECTA...
Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

by Guthrie Colananni Attorneys | Jun 27, 2022 | Contract

“The Good, The Bad, and The Ugly” (Spaghetti Western, 1966) A common myth – one that can get you into a whole lot of trouble if you aren’t alive to it – is that verbal contracts are not legally enforceable in South Africa. The opposite is true. With very few...
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