News & Articles
Greater consumer protection when dealing with crypto assets
“When dealing with crypto assets, a question that arises without fail is whether crypto assets are regulated in South Africa and to what extent a consumer has any protection when buying crypto assets.”
Who may access the financial statements of a private company?
“It is often thought that the financial statements of a private company are like the name implies ‘private’. But how private is this private and who has a right of access to such financial information?”
By when do you need to obtain an Energy Performance Certificate for your building?
“Clients are suddenly contacting us to ask about the need to get an Energy Performance Certificate and whether it is mandatory for all building owners and by when they need to have it in place.”
Are you a divorced or separated parent during Christmas? Navigate the festive season with a parenting plan.
Who gets the kids on which days? Will I be able to take my child to my family in a different province or country for the festive season? To what extent is my child allowed to spend time with me at my place of residence?
Can you be dismissed for not returning to the office post Covid-19
“For many home owners, the economic pinch is an everyday reality. Add to this rising interest rates which in turn push up monthly bond payments, and you may easily find yourself in trouble with making your monthly payment. Beware the danger as you can end up losing your home if you don’t take steps to remedy the situation.”
Why you must have an independent trustee on your family trust
A question often asked by clients is “why must I have an independent trustee on my family trust?” In this article we unpack the reasons for this and how this works.”
Can you be dismissed for not returning to the office post Covid-19
With the national Covid-19 lockdown slowly becoming a thing of the past, many employers have asked employees to return to the office, full time or on a hybrid basis. But, employees have become used to working from home and some don’t want to return to the office. What happens if an employee refuses to return to the office and offers to continue to work from home?
Can illegal foreigners claim from the RAF after a car accident
“Can foreigners who travel in South Africa and are involved in a motor vehicle collision claim from the Road Accident Fund if they cannot show that they are legally in the country?”
Constitutional Court declares Copyright Act unconstitutional
Does copyright protection prohibit the distribution of works in formats that are accessible to people with print and visual impairments? Our Constitutional Court had occasion to consider this important question in the recent judgment of Blind SA v Minister of Trade, Industry and Competition and Others.
The B-BBEE Commission’s view on the pace of transformation
“What should businesses take note of in the recently released National Status and Trends on B-BBEE Transformation Report (Transformation Report) released by the B-BBEE Commission in July 2022?”
Don’t lose your title deed!
“For home owners it is often an important milestone the day they have paid of their bond. This is followed by the bank releasing the title deed to the owner. But what happens when the owner wants to sell the property but cannot find the original title deed the bank gave back.”
Do organs of state also have to undergo BEE verification?
“Private sector B-BBEE scorecards and compliance has become a generally understood phenomenon, but what is the position in respect of organs of state. Must they also be B-BBEE compliant and are they measured in the same way as private entities?”
Health and safety and the employer
“Are you an employer? If so, do you know what responsibilities you hold for the health and safety of your employees?”
The importance of mediation, adjudication and arbitration in construction disputes
“Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.”
When should you register your B-BBEE transaction with the B-BBEE Commission?
“Should your business consider an ownership transaction which may affect your ownership recognition for BEE purposes, it will be important to also consider whether this transaction will require registration with the B-BBEE Commission. In this article we briefly unpack what the requirements for registration of a major B-BBEE transaction are.”
How you can get fired for airing an opinion on WhatsApp
“With the prevalence of social media and platforms for sharing information, is it possible that you can get fired for a post or group message you made?”
Will trust assets form part of your estate at divorce?
“Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?”
Your responsibilities as a new home owner
“So many new property owners believe that once the property is in their name all that is left is to enjoy their new home. Unfortunately, there are still a few other important responsibilities that should not be forgotten.”
Can you claim maintenance for your adult children?
“It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?”
Be wary of an ‘instant loan’
“Open any newspaper, check your junkmail or read one of the many unsolicited sms or WhatsApp messages and you will find an advertisement from a credit provider offering an instant credit loan, some even going so far as to state you are immediately approved. But how legit are these solicitations?”
Employed learnerships – a silver bullet for your skills development spend!
“For most businesses the skills development element is not only a big headache but one of the most costly components of their BEE scorecard. An option to reduce some of this cost is employed learnerships, but some key success factors should be kept in mind.”
When two become one, there are tax benefits
When dealing with...
What to do if the suspensive condition is not going to be met?
A typical situation encountered in a property transaction: The deed of sale has been signed, the intended buyer is applying for a loan but paperwork and delays at the bank slow things down. Suddenly the transferring attorney lets the buyer know that they only have a few days left to satisfy the suspensive condition in the deed of sale. What does all of this mean and what happens if the loan is given, but it’s a day late?
Double insurance – stroke of genius or waste of money?
We all know that insurance is there to provide relief from an uncertain event that could arise and cause damage to your property. But, can you insure for example your car with two insurers and should your car be written off in an accident claim for and receive double compensation from two insurers for the same accident? You have after all paid them both the required insurance premiums.
Your creative works are protected
With technology and accessibility to creative tools, platforms and social media expanding the ease and accessibility of creating anything from your own music to a short film and everything in between, it raises the question of copyright protection and how far it goes to protect your creative output in a world where sharing, copying, linking and passing on of information is only a click away.
Moonlighting can be bad for your employment ‘health’
Quite often new entrepreneurs start off exploring other sideline businesses while still in the employ of their current employer. Take the example of a textile worker that starts to set up her own clothing business on the side by making clothes after hours. Is this allowed or could her employer fire her for this even if it does not affect her work responsibilities?
Constitutional Court confirms Department had no duty of care for faulty swing
“In a saga that has traversed the Western Cape High Court, Supreme Court of Appeal and eventually the Constitutional Court, the Constitutional Court has now finally confirmed the position of Government in respect of its responsibility for the safety of Early Childhood Development (ECD) centres.”
B-BBEE in state tenders done?
“With all the media attention around the Supreme Court of Appeal’s ‘scrapping’ of the regulations around preferential procurement at the end of 2020, and recent media statements by the Democratic Alliance that they wish to have B-BBEE removed as criteria from government tendering, one can be excused for being uncertain what role B-BBEE will continue to play in state tendering.”
New guidelines set for surrogacy
“Acting as a surrogate is a selfless and generous act towards parents who cannot conceive their own child. But what about existing children of a surrogate mother and the impact surrogacy may have on them? Should this not also be considered?”
Can I install a generator at my sectional unit?
“With the troubles of load shedding exacerbating the difficulty for many to work from home, many sectional owners are considering the option of a generator to keep things going through load shedding. But can you just install a generator in your unit, or do you need permission to do so?