What are the opening hours?

Monday 08:00 - 17:00 Tuesday 08:00 - 17:00 Wednesday 08:00 - 17:00 Thursday 08:00 - 17:00 Friday 08:00 - 17:00

M Van Heerden Attorneys

Home
South Africa
Johannesburg
M Van Heerden Attorneys

We are a boutique commercial and property law firm caring for every aspect of your business, with offices in Johannesburg & Cape Town.

We specialize in Contractual Law, Notary Law, Corporate & Commercial Law, Trusts, Wills & Estates, Labour Law, Property Law and Conveyancing.

*None of the information supplied should be construed as legal advice. *

09/09/2026

A Pothole Causes You to Crash. Can You Sue the Government?
Read more: https://mvhattorneys.com/a-pothole-causes-you-to-crash-can-you-sue-the-government/

In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg.

The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to detect, repair or warn road users about a dangerous defect it knew, or should have known, about.

04/09/2026

Better Late Than Never: Marriage Law Drags Itself into the 21st Century
Read more: https://mvhattorneys.com/better-late-than-never-marriage-law-drags-itself-into-the-21st-century/

For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had ties to more than one country.

A recent Western Cape High Court judgment declared that rule unconstitutional and introduced a gender-neutral framework for deciding which country’s law applies. Courts elsewhere in the country are not bound by the judgment but are likely to follow it.

24/08/2026

Can Family Conflict Kibosh a Trust?
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6BoXjE3FwVAnVyMN9y90O5Sl4U-JNvQdvioQVZPwisv4uCsmpnGmIA7kdBJDTalpqNGcWXbzT_ua2oyuQRda5Q=-NOPAD

When a trust's founder dies, families often assume that whatever they said they wanted will be honoured, even if the trust deed was never changed to reflect it.

A recent Supreme Court of Appeal decision confirms that this is not how trusts work. What governs a trust after the founder's death is the trust deed itself, not the wishes they expressed at family meetings in their final years.

18/08/2026

Does the Consumer Protection Act Protect Every Tenant?
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6BoXjE3FwVAnVyMN9y90O5Sl4U-JNvQdvioQVZPwisv4uCsmpnGmIA7kdBJDTalpvyJysgUi3rY7B6mRGi7Tyg=-NOPAD

Paying rent under a residential lease does not automatically make you a consumer under the Consumer Protection Act. A recent Supreme Court of Appeal decision shows that the real question is whether the landlord is letting property in the ordinary course of business.

That said, even where the CPA does not apply and a lease is validly cancelled, a landlord cannot simply tell a tenant to leave without following the correct eviction process.

09/08/2026

Happy Women's Day!

Here's to the women who lead with courage, inspire with kindness and create opportunities for others.

05/08/2026

Whistleblower Reinstated: Protected Disclosures Act to the Rescue
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6BoXjE3FwVAnVyMN9y90O5Sl4U-JNvQdvioQVZPwisv4uCsmpnGmIA7kdBJDTalpo1uZSV23ZVCRNIeeENwx6M=-NOPAD

The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace.

But what protections does the Act actually give whistleblowers. And what steps should employers and employees take to ensure they comply with it? We’ll answer all of these questions in the context of a recent Labour Court decision to reinstate a manager who was ostensibly fired for breaching ICT policies.

31/07/2026

Your Dormant Trust Is Not Invisible to SARS
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6MgmDmyfce5ihErkXmvRmttinuCBA1mVN0dXdk_rbihkyesDXImOQsySuxTAoeBeo1RpeKL9PGk5OzH3yyTv-c=-NOPAD

Trusts remain a valuable estate planning and asset protection tool, but they also carry ongoing compliance obligations. Many trustees assume that a dormant trust with no income, assets, or activity can simply be left alone.

SARS has made it clear that inactivity does not remove a trust's compliance obligations. With penalties now being imposed for outstanding trust returns, dormant trusts may be attracting more attention than their trustees realise.

23/07/2026

How to Protect Your Company from Unlawful Springboarding
Read more: https://www.dotnews.co.za/Code/Article.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6MgmDmyfce5ihErkXmvRmttinuCBA1mVN0dXdk_rbihkyesDXImOQsySuxTAoeBeibvhy-7lPy0VJQ822MQGc0=-NOPAD

Your top employee resigns and immediately opens up a new business in direct opposition to you. Using your software, your client relationships and your business methods to springboard their new start-up and poach your clients.

We discuss, in the context of a recent High Court case, how our law can help you put a stop to that sort of unfair competition. And we share some tips on how to protect yourself from it in the future.

20/07/2026

Dementia in the Family? Here Are Your Legal Options
Read more: https://lnkd.in/e387AZN3

A dementia diagnosis affects far more than memory. As mental capacity declines, families are often confronted with difficult legal and financial decisions. Many are surprised to learn that a Power of Attorney may no longer be valid.

Understanding the alternatives can help protect a loved one's affairs before a crisis develops. Read on for the low down.

hashtag hashtag hashtag

17/07/2026

One Bad Letter and Your Eviction Falls Apart
Read more: https://lnkd.in/e6JMQVmK

A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction.

A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.

hashtag hashtag hashtag

Address

37 Elm Street, Modderfontein
Johannesburg
1645

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 17:00

Telephone

+27713312053

Website

http://www.mvhattorneys.com/

Alerts

Be the first to know and let us send you an email when M Van Heerden Attorneys posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Organization

Send a message to M Van Heerden Attorneys:

Want your organization to be the top-listed Government Service in Johannesburg?