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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 child have a say in decisions about their own life?When parents disagree about where a child should live, schoolin...
16/10/2026

Can a child have a say in decisions about their own life?

When parents disagree about where a child should live, schooling, contact arrangements or other important decisions, it can be tempting for adults to make every decision on the child’s behalf.

But South African law recognises that children have a voice.

Under the Children’s Act, a child who is of an age, maturity and stage of development that allows them to participate has the right to express their views in matters affecting them. Those views must be given due consideration.

This does not mean a child automatically gets to choose where they live or that their wishes always determine the outcome.

The guiding principle remains the best interests of the child, taking account of the circumstances and the child’s needs.

Children should not be made to feel that they must choose sides. Their feelings and views deserve to be heard in an age-appropriate way, without placing the burden of adult disputes on their shoulders.

A child’s voice matters, even when adults have the final responsibility for making decisions.

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

Can a parent legally stop grandparents from seeing their grandchildren?Family relationships can become complicated, espe...
15/10/2026

Can a parent legally stop grandparents from seeing their grandchildren?

Family relationships can become complicated, especially after a separation, divorce or disagreement between relatives.

But what happens when grandparents are prevented from having contact with a grandchild they have helped raise or have a close relationship with?

Under South Africa’s Children’s Act, grandparents may apply to the Children’s Court or High Court for an order granting contact with, or care of, a grandchild.

That does not mean grandparents automatically have an unrestricted right to access a child. The court’s central consideration is the best interests of the child, including the nature of the relationship and the child’s needs.

Every family situation is different, and the law focuses on what is best for the child rather than simply taking sides in an adult dispute.

A family disagreement should not lose sight of the child at its centre.

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

The price changed at checkout. Do you still have to pay it?You find a product advertised at a certain price, add it to y...
12/10/2026

The price changed at checkout. Do you still have to pay it?

You find a product advertised at a certain price, add it to your basket and head to checkout. Suddenly, the amount has increased.

Must you accept the new price?

South Africa’s Consumer Protection Act provides consumers with rights relating to price disclosure and misleading representations. However, the outcome can depend on whether the displayed price was an error, whether the supplier has accepted the order and the circumstances of the transaction.

If an advertised price changes unexpectedly:

* Take images of the original price and checkout total.
* If an order was placed online, keep your order confirmation and any communication with the retailer.
* Ask the supplier to explain the difference before proceeding with payment.

A price discrepancy is worth questioning, not simply accepting.

Have you ever had an order change price at checkout?

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

You’ve found your dream home, signed the offer to purchase and then notice a serious problem after moving in.The seller ...
01/10/2026

You’ve found your dream home, signed the offer to purchase and then notice a serious problem after moving in.

The seller says:

“Sorry, you bought it voetstoots.”

But what does that actually mean?

Voetstoots generally means that the property is sold “as is”, with the purchaser accepting the property in its existing condition, including defects that may only become apparent after the sale.

But voetstoots does not give a seller a free pass to deliberately hide defects.

Where a seller knew about a latent defect and deliberately concealed it with the intention of deceiving the purchaser, the protection of the voetstoots clause may fall away. The Supreme Court of Appeal has confirmed this principle in cases involving deliberately concealed property defects.

There is also an important distinction between a private sale and transactions falling within the Consumer Protection Act. The CPA can affect the rights and obligations of the parties, depending on the circumstances of the transaction.

Before you sign that offer to purchase:

🏠 Inspect the property carefully.
🔎 Ask questions about known defects and previous repairs.
📋 Make sure important disclosures are recorded in writing.
⚖️ Understand exactly what the voetstoots clause in your agreement says.

“Voetstoots” does not simply mean “the seller can never be held responsible.”

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

Here’s something many people don’t realise about spoliation:You don’t necessarily have to prove that you own the propert...
30/09/2026

Here’s something many people don’t realise about spoliation:

You don’t necessarily have to prove that you own the property to seek a spoliation remedy.

The focus is generally on possession.

In a recent 2026 High Court matter, the applicants were found to have exercised sufficient physical control over a building, including controlling access and holding the keys. The court ordered that their possession be restored after the locks were changed without lawful process.

The court specifically emphasised that spoliation proceedings are concerned with the factual possession immediately before the alleged dispossession, rather than deciding who ultimately has the right to occupy the property.

That’s because the law seeks to prevent self-help.

In simple terms, you generally cannot simply take matters into your own hands because you believe you have a better right to the property.

If someone has unlawfully taken possession of property, changed the locks, blocked access or otherwise deprived you of possession, the circumstances may warrant urgent legal action.

Possession and ownership are not always the same thing.

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

When “he won’t leave me alone” becomes a legal issueNot every frightening situation starts with physical violence.Repeat...
29/09/2026

When “he won’t leave me alone” becomes a legal issue

Not every frightening situation starts with physical violence.

Repeated unwanted messages.
Following you.
Waiting outside your home or workplace.
Monitoring where you go.
Creating fake social media accounts.
Threatening you.
Sending unwanted sexual messages.
Contacting your friends or family to get to you.

These behaviours can amount to harassment, and South African law provides mechanisms to protect people from it.

The Protection from Harassment Act specifically addresses conduct such as following, watching, pursuing or accosting someone, loitering near places where they live or work, and certain forms of electronic communication.

A protection order can prohibit the person from continuing the harassment. Breaching such an order is itself an offence.

And importantly, you do not necessarily have to wait until someone physically assaults you before seeking legal protection.

If someone is repeatedly making you feel unsafe, keep records. Save messages and screenshots, record dates and incidents, and seek appropriate legal or police assistance.

You don’t have to minimise behaviour simply because it hasn’t become physical.

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

Your WhatsApp messages might feel private, but when workplace disputes arise, messages can become relevant evidence.Sout...
28/09/2026

Your WhatsApp messages might feel private, but when workplace disputes arise, messages can become relevant evidence.

South African law regulates the interception of communications. RICA generally prohibits the intentional interception of communications, subject to specific exceptions, including circumstances where a person is a party to the communication.

That does not, however, mean that every WhatsApp message an employer obtains can automatically be used to justify disciplinary action.

The circumstances matter.

Was the message sent on a work device?
Was it a workplace WhatsApp group?
How was the message obtained?
Did the employer have legitimate access to it?
Does the content actually relate to the alleged misconduct?

A WhatsApp message can be important evidence, but how it was obtained and how it is used can matter just as much as what it says.

If you are facing disciplinary action because of private messages, emails or other electronic communications, get legal advice before assuming the evidence speaks for itself.

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

The discovery of nine women’s bodies across Ekurhuleni since July has understandably left many women feeling frightened,...
23/09/2026

The discovery of nine women’s bodies across Ekurhuleni since July has understandably left many women feeling frightened, particularly in and around Kempton Park, Kwa-Thema, Tembisa and surrounding areas. Investigations are ongoing, and police have confirmed that some of the cases may be linked.

While no woman should have to change the way she lives because of someone else’s violence, if you feel threatened or believe someone may be targeting you, there are steps you can take now.

Report threats or suspicious behaviour.
Threatening messages, stalking, harassment or repeated unwanted contact should not simply be dismissed. Keep a record and report criminal conduct to SAPS.

Keep the evidence.
Save messages, screenshots, photographs, call records, usernames, vehicle registration numbers and other information that could help identify someone. Don’t put yourself in danger to collect evidence.

If you are in immediate danger, get somewhere safe first.

Contact SAPS on 10111 or ask someone you trust to help you get to a safe place.

👮 Report someone missing immediately.
There is no requirement to wait 24 hours before reporting a missing person. The government has specifically urged families in Ekurhuleni to report missing women without delay, as early reporting can assist police investigations and searches.

If you have information about the Ekurhuleni killings, SAPS has asked the public to come forward. Information can be provided anonymously to Crime Stop on 08600 10111, or to Warrant Officer Elvis Manyike on 082 465 7249.

And perhaps most importantly:

You don’t need to wait until you have absolute proof that something is wrong before taking a threat seriously.

If someone is making you feel unsafe, speak to someone you trust and consider getting legal advice about the options available to you.

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

Abuse is not always physical.South African law recognises various forms of domestic violence, including physical, sexual...
22/09/2026

Abuse is not always physical.

South African law recognises various forms of domestic violence, including physical, sexual, emotional, psychological and economic abuse, harassment, stalking, intimidation and controlling behaviour.

If you are being threatened or abused, you may be able to apply for a protection order through a Magistrates’ Court.

A protection order can prohibit an abuser from doing things such as:

* Committing acts of domestic violence
* Threatening or intimidating you
* Entering your home or workplace
* Contacting you in prohibited circumstances
* Getting someone else to abuse or threaten you

Importantly, you do not necessarily have to wait until physical violence occurs. The Department of Justice states that a pattern of abuse is not required before applying for a protection order, allowing earlier intervention where domestic violence has occurred.

And if a protection order is breached, you can report the breach to the police. Depending on the circumstances, the police may arrest the respondent or issue a notice to appear in court.

If the person threatening or harassing you is not someone in a domestic relationship with you, the Protection from Harassment Act may also provide a route to a protection order.

You don’t have to wait for things to become worse before finding out what legal protection is available to you.

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].

We are hiring!
17/09/2026

We are hiring!

Address

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

Telephone

+27129401947

Website

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