News & Articles
The implications of a waiver of rights by directors
The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’ in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.
Consistency is key for Homeowners Associations
With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.
Preserving your art legacy: Tax tips for collectors
For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved. While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.
Employee grievances: one misstep can cost you!
Employers often let employee grievances slide, especially when raised by juniors against senior or valuable staff. However, a recent Free State High Court judgment raised a huge red flag for employers not to let these incidents slide.
When medical certificates raise a red flag
The submission of medical certificates by employees to support their requests for sick leave is a common employment phenomenon. Employers often grapple with how to handle medical certificates they suspect are irregularly issued by a practitioner, particularly when the practitioner is notorious for ‘selling’ such certificates.
Deregistration looms for non-compliant companies
The recent ruling of Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 highlights the critical duty companies have to file annual returns with the Companies and Intellectual Property Commission (CIPC) and the significance of the procedures companies must follow to reinstate a deregistered company.
Remote commissioning a possibility?
In a world where physical separation is becoming increasingly irrelevant thanks to technological advancements, one may wonder to what extent the law has followed suit. With legal documents needing to be commissioned, the question arises whether this can be done remotely by way of virtual conferencing. Well, like any good lawyer would say, “It depends!”
Must you pay the estate agent if there is no agreement?
When buying or selling a property, estate agents play a crucial role in facilitating the process. But what happens when there is no explicit agreement regarding the estate agent’s commission? Is it still payable?
The rising tide of business email compromise
Cybercrime is on the rise and is fast becoming one of the most noteworthy threats of the modern age. Perpetrators of cybercrime are located all over the world and can swiftly facilitate cybercrime between jurisdictions. Developing countries such as South Africa are also more vulnerable to cybercrime, especially with the rapid spread of technology and the internet across the African continent, creating a new and vulnerable target base for cyber criminals.
Unlocking a hidden gem in the Income Tax Act
Hidden gems in the form of tax deductions do exist in the Income Tax Act 58 of 1962 (“ITA”). With escalating taxes, any hidden tax breaks are always welcomed by taxpayers. One such gem is buried in section 24O of the ITA. In this article we share the opportunities section 24O holds by focusing on its use and application to those acquiring equity shares.
Lighting up fire danger ratings
Fire danger ratings are often displayed on weather news, and in our South African winter where wildfires can often run rampant, it is of particular importance to take note of these fire danger ratings. This article explores the necessary precautionary steps to take in response to these fire danger ratings.
Mediation – a go-to option for divorcing couples
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.
Outstanding charges, body corporates and sales in execution
Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.
Businesses, body corporates, and the right to electricity
Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to pay its service fees to the municipality?
Stoners may be exempted from zero-tolerance policy
With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.