Home Personal Finance If it’s not in writing, it didn’t happen
Personal Finance

If it’s not in writing, it didn’t happen

Share
Protecting yourself legally does not mean you do not trust the person; it means you respect the agreement.
Share

Whether it is borrowing money, doing freelance work, renting a room or even helping someone start a business, too many people rely on verbal agreements.

But when things go wrong, and memory fails, there is only one rule that holds true: If it is not in writing, it did not happen.

According to Legal Advisor Mavi Mkhatjwa, one of the most common issues he deals with is the fallout from undocumented agreements.

“People underestimate the importance of a written agreement,” he explains.

“They think a handshake and a witness is enough until there is a dispute. Then they come to us expecting legal recourse, but if nothing is in writing, it becomes a case of one word against another.”

Ask Nomsa Dlamini, a small business owner from Matsapha and she will tell you firsthand the cost of skipping paperwork.

“A friend asked me to provide tiffany chairs for her wedding. She had promised to pay me the day before the big day, but never did. We did not write anything down because we had known each other for years. When I followed up, she claimed we had agreed it would be a donation, I would be lending her the chairs as a gift” Dlamini shared. “I lost E4 000 that day.”  She did not even pursue legal action because there was no contract to enforce. And she is not the only one.

Thami Mabuza, a freelance graphic designer in, recalls working for a corporate client who promised to pay ‘after the work was delivered.’

“I created a full brand package for the client; logo, letterheads, social media designs. When I sent everything, they stopped responding. When I pushed, they said they had found someone cheaper,” he said. “There was no written contract, just emails that did not clearly mention payment terms. I could not prove anything.” Mkhatjwa said even a simple signed note can go a long way.

“It does not need to be complicated. A basic agreement with names, dates, obligations and signatures can protect both parties. Even WhatsApp messages can count, but they need to be clear and unambiguous,” he added.

The names and contact details of both parties

What is being exchanged (goods, services, money)

Deadlines and timelines

Payment terms

Signatures or confirmation of consent

In most situations, some people feel that asking for something in writing shows distrust or undermines relationships. But that mindset needs to shift, said Dr Sifiso Mkhonta, a sociologist and educator.

“Many people fear seeming ‘too formal’ in personal or family dealings. But when things go wrong, even relatives turn against each other. Protecting yourself legally does not mean you do not trust the person; it means you respect the agreement,” he said.

He also pointed to an increase in disputes over umhlaba/tindzawo (land), soft loans and inheritance where the absence of written records leaves people vulnerable.

There are some scenarios where a written agreement should never be skipped:

Borrowing or lending money

Offering a service (e.g., photography, catering, transport)

Buying/selling items of value

Renting property or rooms

Business partnerships or profit-sharing

Employment agreements (even part-time or informal work)

Even within families or close friendships, writing things down can help prevent resentment and misunderstandings later on.

Ayanda Gwebu, an entrepreneur running a small cleaning service in Ezulwini, shared that she now insists on written contracts after a hard lesson early in her business.

“My very first client delayed payment for two months. I had no contract and I was too shy to push. Now, I use a simple service agreement template and I do not start a job without a signature,” she said.

Gwebu also mentioned that she thinks that financial literacy including understanding contracts should be taught in schools to prepare young people for real-world scenarios, especially because a lot of people are now considering starting their own businesses or entrepreneurship to earn a living.

Verbal agreements may feel convenient, friendly, or quick but they are risky. Whether you are dealing with strangers, friends or family, protect yourself and your finances.

 As Mkhatjwa puts it: “If you care enough to make the deal, care enough to write it down. Because in the eyes of the law, if it is not in writing, it did not happen.”

Share
Written by
Vumile Mavimbela

Vumile is the Sections and Supplemental Editor, dedicated to creating content that informs, inspires and delivers value to both readers and clients. Overseeing the Food and Lifestyle, Technology Today, Health and Beauty, Church Services, Education and Training, Jobs on Tuesday, and Personal Finance sections, Vumile is passionate about telling stories that educate, celebrate local success and connect audiences with opportunities that matter.

Don't Miss

King shaped Princess Lindiwe into epitome of excellence

SIDVOKODVO – Prince Guduza has credited His Majesty King Mswati III with shaping Princess Lindiwe into the woman mourners celebrated at her funeral...

FNB probe uncovers E20m fraud syndicate

BY MBONGISENI NDZIMANDZE AND KWANELE DLAMINI MBABANE – Investigations into the alleged fraud committed at FNB Eswatini have uncovered a syndicate involving businessmen,...

Home Affairs official fired in insurance scam as…

... man declared dead while alive MBABANE – A living man was declared dead after a Home Affairs official issued a death certificate...

Butsegetsege set to light up Eswatini for Kagogo Weekend

MBABANE — Excitement has reached a fever pitch across the kingdom as viral cultural sensation Mavusane Cyzweh, widely known as Butsegetsege, officially confirms...

Royal Swazi Reopening in sight

MBABANE- What has seemed like an eternity, the Royal Swazi Hotel could finally be opening its doors before the end of the year....

Related Articles

Do you need loan to scale up?

The busiest months of the year are closer than they feel. The...

Next of kin: Who really gets the call?

There can be confusion around the phrase ‘next of kin’, with many...

Should you take that debt consolidation loan?

Imagine waking up on the first day of the month to find...

Prepare financially for life after retirement

The University of Eswatini Consultancy and Training Centre in collaboration with Tive...