by VDT Attorneys | Feb 3, 2025 | Employee Rights, Labour Relations Act, Liquidation, Transfer of Business
The Labour Relations Act 66 of 1995 (LRA), through section 197, provides for a seamless and automatic transfer of employment contracts if a business is being sold as a “going concern”. The Constitutional Court has previously held that the phrase “going concern” means...
by VDT Attorneys | Feb 3, 2025 | Deeds, Electronic Deeds, Electronic Deeds Registration
The Amendment Act, drafted and introduced by the Minister of Agriculture, Land Reform and Rural Development, was successfully passed and secured the approval of the National Assembly in February 2024 and the National Council of Provinces in April 2024. The Amendment...
by VDT Attorneys | Dec 3, 2024 | Arrear maintenance, Maintenance, Maintenance order
The Preamble to the Maintenance Act, 99 of 1998 (“Maintenance Act”) recognises the rights of a child but also emphasises the importance of a sensitive and fair approach to the determination and recovery of maintenance. Maintenance orders awarded are largely based on...
by VDT Attorneys | Dec 3, 2024 | Appeal, Dispute resolution, Sale in execution
What is a sale in execution?When parties approach a civil court, the court may issue a judgment requiring the judgment debtor to either perform a specific act or pay a specified sum of money. In cases where the judgment debtor is ordered to pay a sum of money, a sale...
by VDT Attorneys | Dec 3, 2024 | Inter Vivos Trust, Testamentary Trust, Trust, Trustee Resignation
Section 21 of the Trust Property Control Act 57 of 1988 (“the Act”) allows trustees to resign at any time provided that written notice is given to the Master of the High Court as well as to ascertained beneficiaries with legal capacity. It is important to note that a...
