News & Articles
Reconsideration under Section 17(2)(f): still a safety net?
With amendments to the provisions of Section 17(2)(f) of the Superior Courts Act 10 of 2013 which became effective in 2024, it begs the question whether an application for reconsideration in terms of Section 17(2)(f) is still available to litigants.
Navigating harassment in community schemes
The recent case of MM v Kiewiet (A193/2023) [2024] ZAGPPHC 411 (3 May 2024) sheds some light on the appropriate forums for addressing different types of disputes when it comes to community schemes.
POPIA: protecting health and sex life data privacy
New draft Regulations to the Protection of Personal Information Act 4 of 2013 (“POPIA)” have been circulated for comment and relate to the processing of health and sex life data. Given the sensitive nature of such information, the fear of many data subjects has circled the unconsented sharing or processing of the data as it pertains to health and sex life. In this article, we take a brief look at the proposed new regulations.
Beneficial Ownership reporting: dormant and deregistered trusts
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 introduced important changes to the Trust Property Control Act 57 of 1988, most notably the requirement for trusts to report on their beneficial ownership to the Master of the High Court. But what if the trust is dormant or has been deregistered? Is reporting still needed?
Vodacom-Maziv merger blocked: competition vs public interest
Recently, the Competition Tribunal (Tribunal) issued a ruling prohibiting the proposed transaction involving Vodacom (Pty) Ltd (“Vodacom”) and Business Venture Investments No 2213 (Pty) Ltd (“Maziv”). The proposed merger would have seen Vodacom, the country’s largest mobile operator, merge with Maziv, a significant player in fibre infrastructure. The ruling raises the question of how fine a line exists between competition and public interest in mergers.
Employee rights in business transfers
An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.
Signed, sealed, (e)-delivered: digital leap for Land Registration System
The Deeds Registries Amendment Act, 20 of 2024 (“Amendment Act”) marks a significant step toward modernising the South African Land Registration System. Whilst many of the changes are technical in nature and aimed at clarifying certain ambiguities in the Deeds Registries Act 47 of 1937 (“the Act”), the Amendment Act also proposes substantive reforms, including the adoption of a fully electronic land registration system and expanded roles for government personnel involved in land transactions. In this article, we take a brief look at some of these changes.
Can you challenge maintenance when you’re in arrears?
The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?
Can a sale in execution proceed while an appeal hangs in the balance?
In this article, we explore some of the complexities relating to the general rule of suspension during an appeal and look specifically at whether a sale in execution can proceed whilst an appeal is pending.
When and how can a trustee resign from a trust?
There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust.
Capital gains distributions between trusts – who gets taxed?
Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.
Slip and trip: who is liable?
With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.
Developers caught off guard with sectional title costs
In the recent case of Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021) [2024] ZAKZDHC 40, the KZN High Court had to clarify the position as to whether the holder of a real right of extension (in this case the developer) had a responsibility to contribute towards the maintenance costs of the sectional title scheme.
See no evil, speak no evil: reporting misconduct
Enforcing workplace rules frequently relies on employees reporting misconduct that they have witnessed by fellow employees to their employer. This is vital for maintaining workplace discipline and ensuring that employees adhere to the employer’s rules. But what is the worst that can happen to an employee who elects to protect a fellow employee by keeping quiet about their transgressions?
Cast your nets and navigate the waters of phishing and whaling
With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.
Who pays for construction delays?
There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule – It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.
Why the right executor is vital for your family
Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.
South Africa: The approach to regulating AI compared with the EU
South Africa is actively working towards effective AI regulation, recognizing the need for
specialized legislation due to AI’s unique challenges and potential for consumer
protection and economic growth. The country’s efforts include the Presidential
Commission Report on the Fourth Industrial Revolution, the establishment of the Centre for Artificial Intelligence Research, and the drafting of an AI Blueprint during its AU
chairmanship, advocating for a unified African AI approach.
Landowners, be fire-wise!
The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer. However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires.
The Companies Amendment Act puts directors in the hot seat
Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024 (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.
Merging the pieces when transactions become indivisible
On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its approach towards ‘indivisible transactions.’ These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa.
Navigating the legal blueprint for property expansions
Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed and breakfast, guest house, holiday rental, or long-term rental property. However, it’s not as simple as ‘build it and they will come.’ There are important legal and compliance requirements that must be considered before you venture into such a development.
The Two-Pot Pension System and divorce
The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce.
Piecing together the puzzle of cross-border cases
In the matter of IRD Global Limited v The Global Fund to Fight AIDS, Tuberculosis and Malaria (504/2023) [2024] ZASCA 109, the SCA reaffirmed what the requirements are for South African Courts to have the necessary jurisdiction to hear matters involving foreign companies and confirmed what would be required to establish jurisdiction when online publications are involved.
Exclusive use areas: Is your new space truly yours?
An exclusive use area can be defined as “a part or parts of the common property” in a scheme that is indicated on a sectional plan and designated for the exclusive use of an owner of a section. In simple terms, an exclusive use area refers to those portions in a scheme to which a certain owner has exclusive use rights, such as a garden, parking bay, or balcony. This is in contrast to common property, which is owned and shared by the body corporate.
Public property auctions can be a double-edged sword
A sale in execution is known as a public auction held by the Sheriff of the Court once a writ of execution has been issued to attach and sell immovable (and moveable) property. For this article, we will be focused solely on immovable property.
Can a body corporate withhold a clearance certificate?
Once an offer to purchase is signed and the transfer process begins, sellers of units in a sectional title scheme face several challenges, including the obligation to ensure that all dues to the body corporate are settled. This requirement, mandated by Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986, restricts the transfer of sectional titles unless a conveyancer’s certificate confirms that all monies due to the body corporate have been paid or provisions satisfactory to the body corporate have been made. A conveyancer can however only issue the required certificate after receiving a body corporate’s assurance, in the form of a levy clearance certificate, that all amounts due to the body corporate have been paid or that provision for payment thereof has been made.
Simplifying estate late property transfers
Property transfers following the passing of an individual can be a complex and emotionally challenging process, particularly when dealing with the estate of a loved one. Estate late property transfers entail a series of legal steps and requirements that must be followed to ensure a smooth and lawful transition of ownership. This article aims to provide a simple guide to estate late property transfers, outlining the key concepts and considerations involved.
Can the lights go out during a billing dispute?
Question:I am the...
Trustee administrative duties under the spotlight
With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article, we briefly list some of the main administrative duties falling to any trustee.