News & Articles
Must a psychometric test be certified?
“I have been investigating the use of psychometric tests at my business to better screen potential job applicants. A friend however informed me that I should be careful and make sure that whatever test I use is certified by the Health Professions Council. Is this so, because I’m struggling to find tests that are so certified?”
How are whistle-blowers protected?
How far will the law protect you when you blow the whistle on fraud or corruption at your workplace? In South Africa today this is a pertinent question and an important one for us as citizens working towards an honest and ethical society. If we feel unprotected in making a disclosure of illegal behaviour this inhibits the freedom of persons to make the choice to disclose.
When must a director disclose a financial interest?
Being a director in a company does not necessarily stop you from holding shares in other companies. However, should your company transact with another company in which you have a shareholding stake and from which you could potentially benefit, it becomes important that you disclose such financial interest to your co-directors, even if you can’t influence the transaction.
The Competition Commission is also an enforcer of BEE
Companies showing substantial growth, are likely to attract the interest of investors who may want to acquire the company. Should a company be black-owned and such ownership be dramatically affected by an acquisition, such acquisition my run the risk of being blocked by the Competition Commission.
What if the employee working from home, does not work at home?
If your business has employees working from home, you may be concerned about whether your employees are in fact working their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?
At long last, clarity on whether you can transfer your water rights
Because of the ample rain that has fallen countrywide, many dams are full, leading to cases where people do not have use for their water rights. So, it begs the question as to whether it is possible to sell your water rights to someone else?
What legal costs can a creditor charge a debtor to recover outstanding debt?
When times are tough, you may not get around to paying all your bills. But be warned, if neglected for too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder whether all these costs are allowed? Lets unpack what the law says.
Can you avoid bond cancellation costs?
When your property is in the market and you cancel your bond, is there any way to avoid the bank’s cancellation fee?
Is arbitration a good option for solving legal disputes?
“Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?”
How should co-executors of a deceased estate act?
“My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?”
Companies Act Amendment Bill – less red tape or more?
“I understand there are amendments being proposed to the Companies Act? Will this help make life easier or harder for our company? It feels as if there is always just more red tape whenever the law changes.”
Who qualifies as a Black person under the BEE Act?
“I have a black woman that has been working for me for a number of years. She is an asset to my business and I have been planning to give her shares in my company. However, she’s from Zambia and is only a permanent resident of South Africa. Will she qualify as a black shareholder for purposes of BEE legislation if I make her a shareholder?”
Can I use a drone for taking photos?
“I’m a wedding photographer and have started using a drone to add an additional element to my wedding photography. One of my clients however asked whether I’m allowed to fly a drone and take photos as they don’t want to get in trouble if they use me for the wedding. I thought it was ok, but now I’m not sure. Can I use a drone for taking photos and videos?”
What is the chance of being reinstated following a dismissal?
“I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement of the employee if he is successful?”
How conditional is a performance guarantee?
“Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?”
Share buyback? Possible, but take care!
“I’m a shareholder in a private company and wish to get rid of my shares to free up some cashflow. That said, I don’t want to sell to a stranger and my other shareholders don’t want to buy my shares either. One of them suggested that the company buy back my shares. Is this allowed?”
Unpacking the proposed new Employment Equity Bill
“My company is relatively small with only 12 employees. That said, I’ve had to comply with employment equity requirements as we qualify as a designated employer because of our company turnover. I’ve heard there are proposed changes afoot for the employment equity environment and was wondering what this may mean for my business.”
May I refuse access to my property for electrical meter readings?
“I am currently an owner of a residential property and I sometimes get visits from employees of our local electricity provider requesting access to the property to take a reading of the electricity meter. This is often an inconvenience to me. May I refuse them access to my property?”
Can an unmarried father register a child under his surname?
“I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?”
Email scammed? Who is responsible?
“I recently fell for an email scam where I provided my banking details. The scammer proceeded to use my account to pay out a sum of money from the bank. The bank now wants to hold me liable for this money as they say it is my account and my negligence led to the scammers using my account. However, I don’t have a credit facility with the bank and yet the bank paid out a large amount in credit on my behalf. Surely the bank should not have done that?”
Can you be dismissed for not wearing a face mask at work?
“I’m an HR manager and also responsible for health & safety at my workplace. Lately I’ve noticed an increasing number of employees failing to keep their Covid masks on at work, despite regular warnings. My employer is very worried about this and has asked if we are allowed to dismiss employees that blatantly fail to adhere to our Covid-19 protocol of wearing a face mask. Not wearing a face mask is in my view very serious, but dismissing someone is also a serious step. Can someone be dismissed for not wearing their face mask?”
Is a copy of a will valid?
“Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?”
Can you claim ETI for students?
“In a recent conversation with our accountant, I was informed that SARS will no longer permit claims of Employment Tax Incentive (ETI) tax benefits for students. We have been considering placing some of our workers on learnerships and possibly also claiming ETI for them, but we are concerned as to whether this would still be possible. Do you have any clarification as to what the position now is?”
Why Enterprise and Supplier Development cannot be only a tick-box exercise
While the BEE scorecard is well-intentioned, it should not be treated as a simple checklist, but rather seen as an instrument to facilitate real transformation. When it comes to building and supporting small black-owned businesses in South Africa, a much longer-term view needs to be taken.
Many BEE initiatives are nothing but short-term interventions that are carried out only to tick the boxes of the BEE scorecard. These short-term initiatives often do the bare minimum and, in the bigger scheme of things, don’t do much to help small black owned businesses.
Management accounts still OK for BEE verifications?
“My manufacturing business has been growing steadily and I expect it will go above the R50 million turnover mark this financial year. That said, its not a given, and I’m hesitant to spend on BEE planning before I’m sure we will go over this mark. Will I be able to first wrap up the financial year and thereafter do the necessary BEE expenditure and verify the business using management accounts for the first quarter after the financial year-end?”
Can I run a business from a residential property?
“I’m looking at buying an old house and renovating such to use as offices for my general medical practice. In the area that I’m looking at there are a number of small businesses also operating from houses. However, I want to make sure I’m allowed to run my practice from this property. How can I do that?”
POPIA and remote working employees
“I’m the owner of a small financial services firm. With Covid-19, like many businesses, we enabled staff to work from home. The arrangement is working well and we are contemplating retaining the option of remote work for some of our staff. Is there anything specific we need to do from a POPIA perspective in respect of such remote working staff?”
CCTV cameras in the workplace? Allowed or not?
“We have had a spate of thefts in our business over the last few months. Yet none of our employees ever see anything or know anything, which have us thinking that the thefts may be wider than just one or two employees. We are considering installing CCTV cameras to monitor the situation and also prevent further thefts, but are unsure about the rules for monitoring employees with CCTV cameras and also using such footage should we pick up misconduct. Can you maybe advise on how we should go about this?”
Can you sequestrate an ex-spouse for failing to pay maintenance?
“My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have him sequestrated so he can pay up?”
How long is a proxy valid for?
“I was recently appointed as a proxy to represent a shareholder at an upcoming shareholders meeting. Unfortunately, the meeting has been rescheduled two months later, and I was wondering if the proxy will still be valid then or would I need to have a new proxy issued by the shareholder for the meeting?”