by Candi Ferreira | Aug 25, 2026 | Legal Speak
“Restitutio in Integrum” An ancient Roman law remedy literally meaning “restoration to the original state”, restitutio in integrum aims to restore people, as far as possible, to the position they would have been in if a wrongful act or transaction hadn’t...
by Candi Ferreira | Jul 27, 2026 | Legal Speak
“Dormant Trust” You will see and hear the phrase “dormant trust” bandied about a lot, normally in relation to what ongoing duties the trustees of non-active trusts do and don’t have. Be warned that SARS says that there is no such legal concept as a “dormant trust” and...
by Candi Ferreira | Jun 22, 2026 | Legal Speak
Legal Speak Made Easy The “Aedilitian Remedies” A common sense principle inherited from early Roman law is that the buyer of an item discovering a latent (hidden) defect in it after the sale has a choice of remedies: either cancel the sale and return the item to the...
by Candi Ferreira | May 21, 2026 | Legal Speak
Legal Speak Made Easy FICA v RICA We’ve all grumbled about being endlessly FICA’d and RICA’d. “Waste of time,” we mutter as we wade through all the red tape yet again. Compliance certainly is a hassle, but don’t blame the bank, service provider or conveyancer who asks...
by Candi Ferreira | Apr 21, 2026 | Legal Speak
Legal Speak Made Easy “Director” It’s tempting to think that a “director” must be formally appointed to that position, but the Companies Act provides a much wider definition. “‘Director’ means a member of the board of a company … or an alternate director of a company...
by Candi Ferreira | Mar 24, 2026 | Legal Speak
Legal Speak Made Easy “Nemo plus iuris ad alium transferre potest quam ipse habet” As intimidating as that old Roman law adage sounds, it has a very simple and common sense meaning: No one can transfer more rights to another than he himself has. Often referred to as...
