Common legal myths spread easily, especially online and through word of mouth. What's true and not true?
Unfortunately, believing some can land you in serious trouble. Here are some common misunderstandings under South African law — and the truth behind them.
Myth 1: “If there’s no written contract, there’s no contract.”
False. Verbal agreements are legally binding in South Africa, provided the essential elements of a contract are present, and with the exception of certain contracts like for the sale of immoveable property, and Wills, which have particular written, content and procedural requirements. The difficulty is proving the terms of a verbal agreement if a dispute arises and putting it in writing makes everything clearer as to what the terms of the agreement are.
Myth 2: “If it’s on the internet, it’s free to use.”
Incorrect. Copyright law protects most online content. Using images, text, or videos without permission can expose you to legal claims, even if no credit is required.
Myth 3: “Police always need a warrant to search you or your car.”
Not always. In certain circumstances, such as reasonable suspicion or roadblocks authorised by law, searches may be conducted without a warrant.
Myth 4: “Recording a conversation is always illegal.”
Wrong. South Africa’s Regulation of Interception of Communications Act allows you to record a conversation you are a party to, without the other person’s consent.
Myth 5: “If someone insults me online, it’s just free speech.”
Not necessarily. Defamation laws apply online. False statements that harm your reputation can give rise to civil claims.
Understanding your real legal rights — and limits — matters. If you’re unsure where you stand, getting proper legal advice early can prevent small issues from becoming expensive disputes.
If you're seeking clarity or your legal rights, please contact us for professional advice.
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