In Advice

Vendor Contracts 101: What Every SA Couple Must Know In 2025

January 15, 2025 No Comments

Why Written Contracts Are Essential

In South Africa, verbal agreements are rarely enforceable, you need written contracts for clarity and legal recourse. Whether it’s your venue, caterer, photographer, or DJ, any paid vendor should provide a detailed contract. If they don’t, ask for one, no matter how informal or small the service, because a signature agreement helps everyone stay accountable. (pagelschulenburg.co.za) (poplaw.co.za)

Legal Foundations: South African Contract Law

South African contracts are governed by principles ensuring consensus ad idem (mutual agreement), capacity, legality, certain terms, and lawful obligations. If any of these are missing, say the scope is vague or a party was coerced—the contract could be voidable or unenforceable. This underscores the need for crystal‑clear, fair and mutually understood agreements with your vendors.

Key Clauses Every Vendor Contract Should Include

Here’s a checklist to keep your contracts watertight:

● Scope of Services

Spell out exactly what you’re paying for: how many hours the vendor works, guest cover for catering, number of edited photos, etc. Clear scope = fewer misunderstandings.

● Payment Terms

Your contract should state deposit amounts, payment milestones, due dates, and refund rules. Avoid unfair penalty clauses that could negate your right to cancel, which the Consumer Protection Act prohibits nvraw.co.za.

● Cancellation & Postponement Policy

Under the CPA, consumers have a right to cancel fixed‑term agreements with 20 business days’ notice and only a reasonable cancellation charge, not a punitive penalty ( vandeventersla). If a vendor fails to deliver services when and where agreed, you may cancel without penalty and reclaim payment (with interest) (The National Consumer Commission.)

● Force Majeure

Include events outside your control, like load‑shedding, civil unrest, or weather as valid grounds for postponement without breach.

● Performance Timeline

When will you receive your wedding photo album or video? Define delivery deadlines in the contract so expectations are formal.

● Liability & Insurance

Ensure vendors carry insurance for property damage, injury, or equipment loss. Liability limits should be fair, not unlimited waiver clauses (which the CPA might regard as unfair) (avianto.co.za)

● Dispute Resolution

Most couples prefer mediation or arbitration. Avoid hidden clauses that require international arbitration or unreasonable legal forums.

Flagging Red Flags: What to Avoid

Keep an eye out for these red flags:

Terms like “TBD”, “depending on availability”, or vague wording
No provision for refunds or cancellation
Oral guarantees not confirmed in writing
Surprise fees e.g. overtime, travel, hidden service costs
Liability waivers that try to exempt the vendor from all obligations, even in the event of negligence

Be bold, ask vendors to edit or clarify contract language before you sign.

Statutory Protections Under South African Law

Consumer Protection Act (CPA)

The CPA mandates fair, transparent terms, and prohibits unfair penalties and banned clauses (Section 51) such as waivers of statutory rights (ashersons.co.za). If a vendor cancels or fails to perform as contracted, you’re entitled to reimbursement or remedy.

POPIA (Privacy Law)

Photographers and videographers must comply with the Protection of Personal Information Act, especially if they intend to publish your wedding photos for marketing. Be sure to include explicit consent clauses around use and distribution of your personal data and images.

Practical Tips to Stay in Control

Always keep copies of all contracts, emails, quotes and receipts in a dedicated folder or digital tracker.
After verbal conversations, send an email summary and ask the vendor to confirm in writing.
If any clause feels unfair, especially around cancellation, liability, or usage rights, negotiate it or seek legal advice.
For larger budgets, consider hiring a wedding planner or a lawyer to review major contracts.

South African‑Specific Considerations in 2025

Load-shedding: Confirm whether the vendor provides backup power (e.g., generator) or services will be affected.
Liquor Licenses: If you’re hosting a venue that requires a license, ensure your vendor handles permits and compliance.
Cultural & Traditional Ceremonies: Ensure your vendors understand and accommodate your customs—this should be explicitly included in the contract.

Expert Tip:

“Contracts are about more than money, they’re about memory. If it’s not in writing, it doesn’t exist in law.”
– SA wedding planner

“I always tell couples, if it’s not in writing, it doesn’t count. Contracts are not just about protecting your money, but your memories.”
– Zanele Moyo, Johannesburg-based wedding planner

Wrapping Up: Protect Your Wedding Day with a Solid Contract

Even amidst the romance, a wedding is a formal business transaction. A strong contract protects your vision, your budget, and your rights. As you finalize your vendor lineup, focus on clarity, fairness, and documentation and never settle for verbal promises alone.

Featured Image: Pixels

In Legal & Administration

Marriage services resume at Home Affairs under Level 1

March 5, 2021 No Comments

The Department of Home Affairs has officially resumed a wider variety of services, now that the country is back at Level 1 lockdown.

On Thursday, March 4 the Department began allowing South Africans to apply for and collect their passports, as well as register their marriages among other services. This comes after marriage services were temporarily suspended on January 12.

The following services will be resumed during Alert Level 1 lockdown:

• Re-issues of Smart ID Cards and identity documents
• Registration and solemnisation of marriages
• Amendments and rectifications
• Late registration of birth for all categories
• Applications and collections of passports for all categories

The citizenship service remains temporarily unavailable. Home Affairs Minister Aaron Motsoaledi urges citizens to remain cautious and follow COVID-19 health and safety protocols when visiting a Home Affairs office.

“We do not want our offices to be super spreader sites. We urge everyone who visits our offices to observe social distancing, sanitise their hands regularly and to wear their masks properly, covering their noses and mouths,” he said.

Picture: Pexels

In Legal & Administration

Proposal for a single marriage statute to be introduced to South Africa

February 24, 2021 No Comments

Residents are encouraged to comment on a new discussion paper on the possible adoption of a single marriage statute for South Africa.

Current South African law around marriage is fragmented due to the multitude of religions and cultures recognised under the Constitution, each with its own rules around marriage. Beyond this, there are separate pieces of legislation for same-sex civil unions and opposite-sex marriages.

The South African Law Reform Commission (SALRC) drafted two bills as alternative options to unify laws under a single piece of legislation based on the Constitution. The first option is the ‘Protected Relationships Bill’. The second option is the ‘Recognition and Registration of Marriages and Life Partnerships Bill’.

The Bills seek to:

– provide for the recognition of protected relationships or of marriages and life partnerships, entered into by parties regardless of the religious, cultural or any other beliefs of the parties, or the manner in which the relationship was entered into

– provide for the requirements for entering into a protected relationship or a marriage or a life partnership

– provide for the registration of protected relationships or marriages and life partnerships

– provide for the legal consequences of entering into protected relationships or marriages and life partnerships

– provide for matters incidental thereto.

There are a number of proposals that fall underneath the Protection Relationships Bill, including a shift in the definition of a monogamous protected relationship. Under this bill, a ‘‘monogamous marriage or life partnership’ means the relationship of two people regardless of their sex, sexual orientation, or gender identity, to the exclusion of all others, unless dissolved by divorce or death of one or both parties

The Protected Relationships Bill refers to a ‘protected relationship’ as

– any subsisting marriage concluded in terms of the Marriage Act, 1961 (Act No. 25 of 1961) or any old order marriage legislation or any other prior legislation before the commencement of this Act

– any subsisting marriage or union concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006) before the commencement of this Act

– and any subsisting customary marriage concluded in terms of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998)

– any subsisting monogamous or polygynous marriage or relationship concluded or entered into in terms of the tenets of any religion or culture before or after the commencement of this Act

– any life partnership, where the parties cohabit and have assumed permanent responsibility for supporting each other

In terms of option two in the Recognition and Registration of Marriages and Life Partnerships Bill ‘marriage or life partnership’ means

– any subsisting marriage concluded in terms of the Marriage Act, 1961 (Act No. 25 of 1961), old order marriage legislation or any other prior legislation before the commencement of this Act;

– any subsisting union or marriage concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006) before the commencement of this Act;

– any subsisting customary marriage concluded in terms of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998;

– any subsisting monogamous or polygynous marriage or relationship concluded or entered into in terms of the tenets of any religion or culture before or after the commencement of this Act;

– any life partnership, where the parties cohabit and have assumed permanent responsibility for supporting each other.

The minimum age to enter into a protected relationship or marriage or life partnership is 18 years, without exception.

Respondents are requested to submit written comment, representations or submissions to the Commission by 31 March 2021 for the attention of Pierre van Wyk to the following address: The Secretary South African Law Reform Commission Private Bag X668 Pretoria 0001 E-mail: [email protected]

Read the full proposal here: dp152-prj144-SingleMarriageStatute-Jan2021

Picture: Pexels

In Legal & Administration

All the things you’ll need to update if you change your name after marriage

January 21, 2021 No Comments

Choosing to change your surname after marriage is a personal choice every person must make for themselves. When making this decision, remember that it is not as easy as 1, 2, 3, but can be a long and rather tedious process.

If you do decide to change your surname, you will legally be required to update all the necessary paperwork to reflect your new name.

Legally, any woman wanting to take their spouse’s surname, revert to their maiden name or prior name, or join two surnames into a double-barrelled name may do so. However, because current South African law focuses on women changing their surnames, the process for men who decide to take their partner’s surname is much harder, and requires special authorisation from The Department of Home Affairs.

The first step in legally changing your surname is applying for a new identity document. You can easily apply to have your ID re-issued if you are married and want to assume the surname of your spouse. You can apply for a replacement by:

– Completing Form BI-9 as well if you have not previously submitted your fingerprints

– Attaching additional documents as required (e.g. a marriage certificate if you are married)

– Paying the required fee for the re-issue

It is not essential to change your driver’s licence and passport to reflect your new surname until they expire, but in this case, you will be required to carry a certified copy of your marriage certificate in case anything happens.

Remember to also inform SARS of your surname change to update your tax details. In line with this, inform your employer of your new surname change so that they may update your pension and insurance companies.

Another crucial step is to notify your chosen bank to ensure you can still use all of your bank cards. You will need a copy of your ID and a copy of your marriage certificate for this.

Picture: Pexels

In Legal & Administration

Eastern Cape woman found guilty of arranging fraudulent marriage certificates

January 21, 2021 No Comments

An Eastern Cape woman has been found guilty of recruiting local women to marry foreign nationals and issuing fake marriage certificates.

Nomabandla Manjezi (47) appeared at the Specialised Commercial Crimes Court in Port Elizabeth on Wednesday, January 20 and was found guilty on four counts of corruption and two counts of fraud. The matter was postponed to February 18, 2021, for sentencing.

Manjezi, along with another person named Abu Bokar (46), was arrested in 2017 following a tip-off received by immigration officers about the arranged fraudulent marriage certificates between South African women and foreign nationals.

Their operations were accosted during a waylay investigation in March 2017, resulting in them being charged for fraud and corruption.

Their premises, which included a cell phone shop in North End and a house in New Brighton was searched. Documents linked to their criminal operations were found in a container at the New Brighton premises and were seized for further investigation.

An investigation by the Hawks’ Serious Corruption Investigation team revealed that the duo recruited young women from New Brighton, Kwazakele and Zwide, then paid them between R200 and R300 each to marry Bangladeshi nationals, whilst other local women were unaware that they were married to foreign nationals.

Bokar appeared in the same court on August 14, 2018 and he pleaded guilty on two counts of fraud. He was sentenced to five years imprisonment, wholly suspended for five years.

Picture: Pexels

In Legal & Administration

New marriage laws on the cards for South Africa

January 18, 2021 No Comments

The South African Law Reform Commission (SALRC) is considering introducing a single marriage statute for the country. In a discussion paper, two alternative draft bills are being proposed to recognise relationships and marriages by parties, regardless of their unique backgrounds.

The two bills are:

– The Protected Relationships Bill; and

– The Recognition and Registration of Marriages and Life Partnerships Bill.

“The Bills seek to provide for the recognition of protected relationships or of marriages and life partnerships, entered into by parties regardless of the religious, cultural or any other beliefs of the parties, or the manner in which the relationship was entered into; to provide for the requirements for entering into a protected relationship or a marriage or a life partnership; to provide for the registration of protected relationships or marriages and life partnerships; to provide for the legal consequences of entering into protected relationships or marriages and life partnerships; and to provide for matters incidental thereto,” explains the SALRC.

The draft bill addresses issues like the age of marriage parties, the role of marriage officers, and regulations for polygynous marriages among others. Under this new proposed Marriage Act, all South Africans will be able to conclude legal marriages regardless of their different sexual orientation, religious and cultural persuasions. It also focuses on equity within relationships.

Here are some of the key proposed changes:

– The validity requirements for a protected relationship, a marriage or a life partnership are that all the parties must be at least 18 years on the date of entering into the relationship; that the parties must give free and informed consent; and must have the capacity to enter into the relationship. If the parties do not comply with the requirements the relationship is void.

– If a male party to a subsisting polygynous protected relationship or to a subsisting marriage or life partnership, wishes to enter into a further relationship, he must obtain consent from the wife or wives to enter into a further relationship. If he enters into a further relationship without the consent of all his wives that further relationship entered into will be void. The registering officer must enquire into the existence of such consent having been sought and granted when the further relationship is registered. Where consent for a party entering into a relationship is lacking due to a failure to comply with the proposed legislation, the court must be empowered to make a just property division order about the relationship property of the parties to the relationship.

– Every person in a protected relationship or a marriage or life partnership must have the capacity to understand the legal consequences of the relationship at the time it was entered into. All parties in a protected relationship or a marriage or life partnership have equal status and capacity.

– A court may order the registration of any protected relationship or any marriage or life partnership; or the cancellation or rectification of any registration of a protected relationship or marriage or life partnership. A certificate of registration of a protected relationship or marriage or life partnership issued in terms of the legislation constitutes prima facie proof of the existence of 5 the protected relationship or marriage or life partnership and of the particulars contained in the certificate.

– It is possible to prove the existence of a life partnership other than by proof of registration. As regards addressing sham or bogus marriages, the continued involvement of marriage officers who will verify the identification documentation of prospective partners and who will conduct interviews with the parties can play a role in determining whether the relationship is genuine. Registering officers of the DHA will also be able to scrutinise and verify the particulars of the parties when they consider applications for the registration of relationships at DHA registering offices.

The draft proposal is open for public comment until March 31, 2021. Read the full proposal HERE.

Picture: Pexels

In Legal & Administration

Home Affairs minister temporarily suspends marriage services

January 13, 2021 No Comments

Home Affairs Minister Aaron Motsoaledi suspended a number of services, including the solemnisation and registration of marriages until further notice. This comes as South Africa continues its second round of lockdown Level 3, as well as a second wave of COVID-19 infections worse than the first.

In a statement on Tuesday [January 12], the Minister explained that Home Affairs will now only offer priority services, as the crowds that gather daily outside the offices are a massive concern.

“At the beginning of the pandemic and the subsequent lockdown, certain Home Affairs services were suspended in order to reduce the number of people who visited our offices. This was to limit the risk of their infecting each other and the staff because social distancing is difficult when you have a large crowd,” he said.

“As the lockdown levels were relaxed, we incrementally reinstated services until 01 October 2020 when we went into lockdown Alert Level 1. This is when almost all services were reinstated. Unfortunately, the impact of what we did on 01 October had the effect of taking us back to pre-COVID-19 days where huge crowds gathered at our offices while not observing any of the protocols, especially social distancing.”

Out of their 412 offices, 266 had to close at some point since the beginning of the lockdown in March 2020 because of staff members testing positive for COVID-19. Hundreds of employees have tested positive for the virus and in the first 10 days of this year alone, they have already lost seven front office employees.

“These trends and numbers are going upwards, suggesting there’s going to be an even greater demand for death certificates. Taking all these factors into consideration, the Department of Home Affairs has decided to temporarily suspend certain activities and services until further notice. This is unfortunate but we are forced by circumstances,” added the Minister.

The following services have been suspended until further notice:

– Applications of Smart ID Cards, except for matriculants

– Applications for passports, except for people who fall in the categories permitted to travel in the amended Disaster Management Act Regulations

– Marriage services such as solemnisation and registration.

Picture: Pexels

In Legal & Administration

Court rules husband owes ex-wife maintenance after she unofficially “remarries”

January 7, 2021 No Comments

The Gauteng High Court in Pretoria ruled in favour of a woman seeking continued maintenance from her ex-husband, who stopped giving her money as she had “remarried”.

The drama began when the woman, who is a devout Christian, posted on Facebook that she had remarried. This prompted her ex-husband to stop paying her a R10 000 monthly maintenance fee as he felt he was no longer obligated to support her if she has a new husband.

According to the woman, however, she had not legally remarried but rather had a ceremony with her partner that she referred to as her ‘husband’ in order to receive God’s blessing on her new relationship, as she wanted to legitimise their ‘sinful’ relationship. The pair never signed a wedding register or had their union officially registered with the Department of Home Affairs, making it an illegitimate marriage.

The woman took her ex to court where they ruled in her favour, finding that since the ceremony was not an official marriage her ex-husband technically violated their maintenance agreement.

Not happy with his outcome, the ex-husband then turned to the Supreme Court of Appeal in Bloemfontein. However, they agreed with the High Court’s ruling but overturned the contempt of court order against him as he had acted on advice from his lawyer to stop paying the maintenance fee.

Since then, the woman has split from her partner, and she has come to an agreement with her ex-husband to continue the monthly maintenance payments until she remarries or dies. However, a new clause was added that he would not have to be responsible for maintenance if she cohabitates with another man in a common law marriage, reports the Pretoria News.

Picture: Unsplash

In Legal & Administration

Double proxy weddings boom amid COVID-19 pandemic

December 18, 2020 No Comments

“I do”, said the bride to her laptop. No, this isn’t a dystopian telling of our future in which robots are our new partners, it’s a reality for many separated by thousands of kilometres amid the COVID-19 pandemic.

Amid the pandemic, some couples forced apart are still going ahead with their wedding day, albeit in a much less traditional format. If you thought Zoom weddings were novel, wait till you hear about double proxy weddings, the hot new trend in 2020.

A proxy wedding or proxy marriage is a wedding in which one or both of the individuals getting married are not physically present for the nuptials, and are represented by other people standing in for them. A double proxy wedding is when both partners are physically absent and two other people stand in for them.

This is legally permissible under certain circumstance in some parts of the world, like if one partner is enrolled in military service, imprisoned or due to travel restrictions. Importantly, this marriage is not legally recognised by most countries as common law requires both parties to be present.

Marriage by proxy was very common among nobility centuries ago. Marie Antoinette married Louis-Auguste by proxy in 1770 and French emperor Napoleon married Archduchess Marie Louise by proxy in 1810. This service became even more popular in the early 1900s in America during the war efforts.

In 2020, it has seen a resurgence thanks to the COVID-19 pandemic. The New York Times writes of Randy Nuñez and Sasha Nuñez-Carvalho, who married via double proxy in October while he was quarantining in San Diego and she was deployed in the Navy in Europe.

Proxy marriage is legal in the state of Montana and several other American states, all the couple has to do is sign their right-of-attorney over to two stand-ins who them get married for them and sign the marriage licence on their behalf with an officiant present.

The couple who stood in for the Nuñez’s, Chris and April Coen actually specialise in double proxy marriages. For $675 (about R9910), the Coens will stand in for couples wanting to to tie knot. In fact, business has grown by 400% amid the pandemic and by the end of 2020 alone they would have performed about 2500 double proxy marriages.

Picture: Pexels

In Advice

New Magistrates Court Act change makes it easier for South Africans to divorce

December 3, 2020 No Comments

South Africa will be getting more regional courts to adjudicate civil disputes in December. This increase will make it easier for people to get divorced.

Justice Minister Ronald Lamola announced that changes to the Magistrates Court Act will take effect from December 1, 2020. Every regional court has been appointed as a place for the holding of a civil court.

Until recently, regional courts were reserved for more serious criminal offenses and civil disputes, like divorce matters. This change will make it easier for people to access civil law services closer to where they live.

“Up until the end of November only a few of the regional courts could hear civil matters,” said the Ministry of Justice and Correctional Services on Tuesday, December 1. “Prior to this change being made, people often had to travel long distances, and at great expense, to litigate and be able to access civil law services offered by the regional courts, including having their applications for divorce heard.”

More seats have been appointed, making it easier for people to take divorce matters and civil disputes to court nearer to their homes.

“Many of the seats are in the historically Black areas and rural villages. As an example, in the former Transkei area of the Eastern Cape, persons would have had to travel to Mthatha for their divorces to be heard. With the new changes, they can now go to any of the 25 Regional Courts spread around the region. There are, in total, 72 proclaimed civil regional court seats across the Eastern Cape province,” added the Ministry.

In the Southern Cape, people previously had to travel to George to get divorced. Now, they can travel to Heidelberg, Mossel Bay, Oudtshoorn, Plettenberg Bay, Riversdale, Swellendam, Thembalethu or Uniondale to access civil law services.

The Western Cape has 32 seats to serve the population.

“Regional courts are vital to ensure access to justice. Enhancing access to justice means taking the courts closer to the people which, in turn, minimizes costs and inconvenience when matters are to be heard. By establishing these civil seats, we are taking justice to the doorsteps of peoples’ homesteads,” said the Minister.

Picture: Pexels