When buying property in South Africa, most sale agreements are subject to the approval of a home loan (bond). While this is standard practice, many buyers and sellers don’t fully

Arbitration is often seen as a cost-effective alternative to litigation. However, this perception does not always hold true, especially in the South African legal context. When financial constraints are a key concern, arbitration can impose significant burdens that undermine its viability as a dispute resolution mechanism. This article examines the financial challenges of arbitration in South Africa, using case law and statutory analysis to argue against its suitability where cost is an issue.

Residential property investors generally have tenants in place that pay rent to live in their properties. Property is a long-term investment and an owner uses the money from a tenant to pay for the cost of owning the property while they wait for the value of the property to increase.