Cavanagh & Richards Attorneys

Cavanagh & Richards Attorneys We’re a dynamic premier labour, commercial and real estate law firm in South Africa.

Cavanagh & Richards Attorneys strive to be a prosperous and renowned law firm in Gauteng, South Africa. We are passionate about what we do and therefore provide our valued clients with high quality legal services. Our innovation and ambition are our drive to be the preferred professional legal service provider in Gauteng and other parts of South Africa. Meet our team of legal experts waiting to take care of all of your legal matters!

Can a landlord lock you out of your home?A landlord may not generally remove a tenant from a property by changing locks,...
12/06/2026

Can a landlord lock you out of your home?

A landlord may not generally remove a tenant from a property by changing locks, removing access devices or preventing entry without following the proper legal process.

Even where there is a dispute about rent or a lease agreement, the law requires landlords to obtain the appropriate court order before evicting a tenant.

Examples:
• Changing the locks while a tenant is away.
• Refusing to provide access to a property.
• Deactivating access tags or remote controls.
• Preventing a tenant from entering their home.

Legal insight: A landlord who unlawfully deprives a tenant of access to a property may be committing spoliation. Courts can order that possession or access be restored, regardless of the underlying dispute between the parties.

South African law generally discourages self help and requires disputes to be resolved through lawful processes.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

Can your landlord cut off your electricity or water?Many tenants assume that a landlord can disconnect services if rent ...
10/06/2026

Can your landlord cut off your electricity or water?

Many tenants assume that a landlord can disconnect services if rent is not paid.

In most cases, a landlord may not take the law into their own hands by cutting off electricity or water without following the appropriate legal process.

Examples:
• Disconnecting electricity because rent is overdue.
• Restricting access to water services.
• Removing services without a court order.

Legal insight: Unlawful utility disconnections may amount to spoliation. A court can order that access to essential services be restored, even where there is a dispute between the landlord and tenant.

Disputes should be resolved through lawful processes rather than self help.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What is spoliation?Spoliation occurs when a person is unlawfully deprived of possession, access or use of property witho...
08/06/2026

What is spoliation?

Spoliation occurs when a person is unlawfully deprived of possession, access or use of property without following the proper legal process.

The law generally requires disputes to be resolved through legal channels rather than through self help.

Examples:
• A landlord changes the locks and prevents a tenant from entering the property.
• A person is denied access to premises they lawfully occupy.
• Access to property is removed without a court order.

Legal insight: In a spoliation application, the court is not concerned with who is right or wrong in the underlying dispute. The focus is on whether possession or access was unlawfully taken away.

South African law seeks to discourage people from taking the law into their own hands.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What is the burden of proof?The burden of proof refers to the responsibility of proving a claim or allegation in legal p...
08/06/2026

What is the burden of proof?

The burden of proof refers to the responsibility of proving a claim or allegation in legal proceedings.

In criminal cases, the State must prove the accused’s guilt “beyond reasonable doubt”.

In civil cases, the standard is lower and matters are decided on a “balance of probabilities”, meaning what is more likely to be true.

This is why the level of evidence required differs depending on the type of case before the court.

Examples:
• Criminal case → theft, assault or fraud
• Civil case → contracts, damages or family disputes

Legal insight: The burden of proof is a fundamental principle in South African law because it helps ensure fairness and protects individuals from being judged without sufficient evidence.

Evidence plays a central role in every legal matter.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What is defamation?Defamation occurs when false statements are made about someone which harm their reputation.In today’s...
01/06/2026

What is defamation?

Defamation occurs when false statements are made about someone which harm their reputation.

In today’s digital world, defamation can happen:
• On social media
• In WhatsApp groups
• Through online reviews
• In conversations or public statements
• Through published articles or posts

Defamation may include:
• False accusations
• Harmful rumours
• Damaging allegations
• Sharing untrue information as fact

In South African law, a person who has been defamed may have the right to pursue legal action for damages or other remedies.

Legal insight: Freedom of speech is protected by the Constitution, but it does not give people the right to spread false and harmful statements about others.

Think carefully before posting or sharing unverified information online.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What are your rights as a tenant?Many tenants are unaware that South African law provides important protections for peop...
28/05/2026

What are your rights as a tenant?

Many tenants are unaware that South African law provides important protections for people renting homes or property.

As a tenant, you have the right to:
• A written lease agreement
• Privacy and reasonable notice before inspections
• A safe and habitable living environment
• Protection against unfair eviction
• The return of your deposit, subject to lawful deductions
• Fair treatment by landlords and agents

A landlord may not:
• Lock you out unlawfully
• Disconnect utilities without following legal processes
• Evict you without a court order
• Enter the property whenever they choose

Legal insight: In South Africa, eviction without a court order is unlawful, even where rent is outstanding. Both landlords and tenants have legal rights and responsibilities that must be respected.

Understanding your rights can help prevent unnecessary disputes and protect both parties.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What does “Without Prejudice” mean?You may have seen the words “Without Prejudice” at the top of an email or legal lette...
26/05/2026

What does “Without Prejudice” mean?

You may have seen the words “Without Prejudice” at the top of an email or legal letter, but what does it actually mean?

In legal terms, “Without Prejudice” generally means that communication made during settlement negotiations cannot later be used as evidence in court against the person who made it.

This encourages parties to negotiate openly and honestly in an attempt to resolve disputes outside of court.

For example:
• Offering a settlement amount
• Negotiating repayment terms
• Attempting to resolve a dispute amicably

However, simply writing “Without Prejudice” on a message does not automatically make it legally protected.

Legal insight: Whether communication is truly protected depends on the context, purpose and content of the communication, not just the label itself.

Legal wording can carry significant consequences when used incorrectly.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

Can a sitting President be removed from office in South Africa?Yes.South Africa’s Constitution provides legal processes ...
22/05/2026

Can a sitting President be removed from office in South Africa?

Yes.

South Africa’s Constitution provides legal processes through which a sitting President may be removed from office under certain circumstances.

A President may be removed by the National Assembly if they are found to have:
• Seriously violated the Constitution or the law
• Engaged in serious misconduct
• Become unable to perform the functions of office

This process is known as impeachment and is governed by Section 89 of the Constitution.

A President may also leave office through:
• Resignation
• A motion of no confidence passed by Parliament
• The end of their elected term

Legal insight: These constitutional mechanisms exist to ensure accountability, uphold the rule of law and protect South Africa’s democracy by ensuring that no public office is above the Constitution.

The Constitution remains the highest law in the country and applies equally to all.

*Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What was the Truth and Reconciliation Commission?The Truth and Reconciliation Commission (TRC) was established in South ...
20/05/2026

What was the Truth and Reconciliation Commission?

The Truth and Reconciliation Commission (TRC) was established in South Africa in 1995 to help address the human rights violations committed during apartheid.

Led by Archbishop Desmond Tutu, the TRC created a platform for victims to share their experiences and for perpetrators to disclose politically motivated crimes in exchange for possible amnesty.

The Commission focused on:
• Uncovering the truth about past injustices
• Giving victims a voice
• Promoting accountability
• Supporting national healing and reconciliation

The TRC became one of the most significant transitional justice processes in modern history and remains an important part of South Africa’s democratic journey.

Legal insight: The Truth and Reconciliation Commission highlighted the importance of human rights, constitutional values and the rule of law in building a just and democratic society.

Understanding our legal history helps shape a more accountable future.

*Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

What is contempt of court?Contempt of court occurs when someone disobeys, disrespects or undermines the authority of a c...
18/05/2026

What is contempt of court?

Contempt of court occurs when someone disobeys, disrespects or undermines the authority of a court or its legal processes.

This may include:
• Ignoring a court order
• Refusing to comply with maintenance obligations ordered by the court
• Disruptive behaviour in court
• Interfering with legal proceedings
• Publishing information that may prejudice an ongoing case

In South Africa, court orders are legally binding and failure to comply can have serious consequences.

Possible penalties for contempt of court may include:
• Fines
• Imprisonment
• Enforcement orders
• Additional legal costs

Legal insight: Contempt of court is taken seriously because the legal system relies on compliance with court rulings to ensure fairness, accountability and the proper administration of justice.

Respect for the court process protects the rights of everyone involved.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].

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Lytteltown Office Park, Building H, Shelanti Avenue, Die Hoewes
Centurion
0157

Telephone

+27129401947

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