Frequently Asked Questions

Your Legal Questions,
Answered.

Clear, honest answers to the questions we hear most often. If you don't find what you're looking for, our directors are just a phone call away.

General

MSI Attorneys (Mapaya Sigwadi Inc.) is based at Maxwell Office Park, Magwa Crescent, Ground Floor, Mac Mac Building, Waterfall City, Midrand. We serve clients across Johannesburg, Sandton, Centurion, Pretoria and the greater Gauteng region.

Yes. We offer a free initial consultation to help you understand your legal options before committing to any course of action. You can call us on +27 10 013 3440 or book a consultation through our contact page, and one of our directors will get back to you.

Our offices are open Monday to Friday, 8AM to 4PM. Consultations outside of these hours can be arranged by appointment.

We offer a full spectrum of legal services including conveyancing and property law, civil litigation and dispute resolution, estate administration and planning, notarial services, labour law, family law, and public sector and procurement law.

Conveyancing & Property

A typical property transfer takes between 8 and 12 weeks from the date the sale agreement is signed. Timelines can vary depending on bond approval, the Deeds Office, rates clearance certificates, and compliance certificates. As your conveyancer, we keep you informed at every stage.

In South Africa, the buyer is responsible for transfer costs, which include conveyancing fees, transfer duty (where applicable), and Deeds Office fees. Properties priced below R1,100,000 are currently exempt from transfer duty. We provide a clear cost breakdown upfront so there are no surprises.

You only become the legal owner once the transfer is registered in the Deeds Office — not when you sign the sale agreement or pay the purchase price. Until registration, the seller remains the legal owner.

Wills & Deceased Estates

If you die without a valid will, your estate is distributed according to the Intestate Succession Act — not according to your wishes. This can mean your unmarried partner inherits nothing, and your minor children’s inheritance may be paid into the Guardian’s Fund. A valid will gives you control and protects your loved ones.

A deceased estate must be reported to the Master of the High Court within 14 days of death. An executor is then appointed to administer the estate. MSI Attorneys handles the full process — from reporting the estate to distributing assets to the beneficiaries.

Winding up a deceased estate typically takes between 6 and 24 months depending on the complexity of the estate, whether there is a valid will, and how quickly the Master of the High Court processes the documentation. Having an experienced attorney manage the process helps avoid unnecessary delays.

Family Law

An antenuptial contract (ANC) is a legal agreement signed before marriage that determines how your assets are dealt with during the marriage and if it ends. If you do not sign one, you are automatically married in community of property, meaning all assets and debts are shared. An ANC must be signed before your wedding day by a Notary Public.

Both parents have a legal duty to maintain their children according to their means and the child’s reasonable needs. Maintenance covers food, clothing, housing, education, and medical expenses. The amount is proportional to each parent’s income. We assist with maintenance applications, variations, and enforcement.

An unmarried father does not automatically have full parental rights. He acquires them if he was living with the mother in a permanent life partnership at the time of the child’s birth, or if he has contributed to the child’s upbringing and maintenance. Otherwise he must apply to court. We advise on all parental rights matters.

Labour Law

No. Every dismissal in South Africa must be both substantively and procedurally fair. You have the right to a fair reason, a fair process, and representation at a disciplinary hearing. If you believe you were unfairly dismissed, you can refer the matter to the CCMA within 30 days.

The CCMA (Commission for Conciliation, Mediation and Arbitration) resolves labour disputes such as unfair dismissals, unfair labour practices, and wage disputes. You generally have 30 days from the date of dismissal to refer a dispute. MSI Attorneys represents both employees and employers at the CCMA.

Still have questions?

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