News & Articles
Can you still use management statements for your BEE verification?
“My business has automatic Level 4 BEE recognition because our annual turnover is below R10 million. However, a key client is requiring that we have to have at least a Level 3 BEE certificate meaning I will now have to verify. However, I had no planning in place to be able to do so in my previous financial year and I cannot wait until the current financial year is over. I was wondering whether I could use management statements for my verification if I can get the necessary planning measures in place?”
Can I keep my grandfather’s rifle?
“My grandfather recently passed away and left me his hunting rifle. I’m not sure if I want to keep it, but would like to weigh my options. How does it work? Must I take the rifle?”
Is now the time to buy or rent?
“I have been saving for some time now with a view to buy my own property. However, with all the upheavals of the last year I’m wondering whether buying is still the right option and whether I should not continue renting. Any advice?”
Consent and POPIA: what you should know
“In my business I receive and store personal information of my clientele. I have a sign-up form for my new clients and was wondering whether I would be compliant with POPIA if I include a consent to process their information once-off in this form. Will this be sufficient for POPIA?”
What’s the latest on using cannabis?
“It has been nearly two years since all the hype in the media about the use of cannabis. Yet nothing has changed and it seems like the status quo is still ongoing. Am I wrong in my view on this?”
Minority shareholder rights in a private company
“I hold 20% shares in a private company that I bought into a few years ago. The majority shareholders heavily influence the directors who take decisions which in my view is not always in the best interests of the company or my own as a minority shareholder in the company. What remedies are available to me?”
Pending divorce and evicting your abusive partner
“My husband and I are busy getting a divorce. We are currently still living under the same roof, but my husband insults me and is quite abusive in front of our children. We bought the house together but I don’t want him living there. Is there any way I can force him to move out before we are divorced?”
Fraud in contract unravels all…
This article demonstrates that an adjudication clause in a contract cannot be used to save a contract entered into as a result of fraudulent misrepresentation, as referred to in the recent Supreme Court of Appeal (SCA) judgment of Namasthethu Electrical (Pty) LTD v City of Cape Town and Another (Case no 201/19) (2020) ZASCA (29 June 2020).
Data intensive businesses and POPIA
“My business processes and stores quite a large amount of information relating to our clients. We are well aware of POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing enough/underestimating our obligations. What should I be preparing for?”
Have the BEE Priority Elements had the desired impact on transformation?
“I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropping levels for non-compliance with these elements. Maybe the priority elements have not had the desired impact envisaged by their introduction?”
Validity of lock-in provisions in BEE transactions
“A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?”
Business interruption insurance and Covid-19
“I’m a restauranteur and have suffered massive losses during the Covid-19 lockdown. I was just wondering whether there are any insurance options I may have or could look into to make up for some of the losses in my business due to Covid-19?”
The nature and scope of suretyship as it relates to prescription in South Africa
Credit agreements are a key component of modern day economies and legal systems. These credit agreements (obligations) can be created by a delict, enrichment or contract, amongst others. A creditor may require some form of security in the event that the debtor is unable to pay. A surety is this form of personal security, and it occurs when a creditor requires a third party to contractually bind him/ herself for the fulfilment of the obligation. The debtor may also bind his assets as security for the debt, which is known as real security.
Protection of Personal Information Act
FAQs on processing personal data during COVID-19
The Information Regulator published a Guidance Note on 3 April 2020 to assist organisations in their processing of personal information in the management and containment of the COVID-19 pandemic. This Guidance Note is largely based on the conditions for the lawful processing of personal data as described in the POPI Act.
The importance of BEE compliance in accessing Covid-19 relief funding
“I am a restaurant owner and my business has been adversely affected by the Covid-19 pandemic. I want to apply for relief funding, but I heard that my business needs to be B-BBEE compliant in order to qualify for such. How important is B-BBEE compliance in accessing relief assistance for my business?”
Buying or selling a house during lockdown?
“I was just about to put our house in the market and look for a new place when the Covid-19 pandemic hit. I’m very unsure if now is the time to buy and sell. What do you think?”
Don’t get caught with your POPIA pants around your ankles
“With all the Covid-19 happenings dominating the media lately, it nearly slipped through that some of the remaining provisions of the Protection of Personal Information Act came into effect on 1 July 2020. Does this mean that all businesses must now comply?”
How can a business rescue plan help my business in tough times?
“My business has been struggling since the start of the Covid-19 pandemic and the national lockdown. I’ve been advised to consider business rescue but I am unsure about how I will get a business plan in place and what this will entail. Can you give some guidance here?”
Can you sell your water use entitlement to a neighbour?
“With all attention being on Covid-19, people have forgotten that large parts of our country are still suffering from a prolonged drought. The drought and our suffering economy has made me look into selling my water use to a neighbour who urgently needs it and is willing to buy such from me and which money I could really use. However, I’m not sure whether I can in fact sell my water use to him. Is this possible?”
Reasonable accommodation
The outbreak of the COVID-19 pandemic has necessitated change in many ways. Businesses have had to adapt how they conduct their affairs and the general public now has to embrace hygiene standards in ways never thought of before. Some of these changes will form part of a “new normal” moving forward. In this article we indicate that changes made by businesses, courts and various other public fora to curb the spread of the virus should embrace the principle of universal design. This will be necessary to combat discrimination on the basis of disability and to provide reasonable accommodation where necessary.
Nuisance complaints in an agricultural context
The Common law definition of a nuisance is an unreasonable and substantial interference of the use and enjoyment of a person’s property.
One may also encounter a statutory nuisance which is largely based on public health, and as such the nuisance must have an effect on health and wellbeing.
Getting married? You need to register an antenuptial contract!
Getting married? Here’s what you need to know about registering an antenuptial contract, and what the consequences, unintended or otherwise, may be
The concept of an antenuptial contract is not foreign to couples about to enter into a marriage. The consequences of not registering an antenuptial contract, or the unintended consequences of registering an antenuptial contract, but not setting out the intention of the parties, are, however, not always clear cut.
This article provides an overview of the various matrimonial property regimes and what one should consider when such a marriage is entered into.
What to consider when processing personal health data during COVID-19
As lockdown regulations ease and more businesses begin to open their doors, here are some key points to consider regarding the collection and use of personal data as required by government for health tracing purposes. This is particularly important given that the Protection of Personal Information Act (POPI Act) commenced on 1 July 2020.
Customary marriages: are you protected?
The Recognition of Customary Marriages Act 120 of 1998 (the Act) came into effect on 15 November 2000. Customary marriages are concluded in accordance with the traditions and customs of indigenous South Africans.
Farm inspections: what farmers need to know
The Inspection and Enforcement Services directorate of the Department of Employment and Labour has, in an effort to ensure that there is compliance with various labour laws, implemented a project to conduct farm inspections. The objective of these inspections is to assess compliance levels with labour and occupational health and safety regulations. Inspections can also be conducted by the Department of Home Affairs to ensure that immigration laws are complied with.
Personal surety under the spotlight with Covid-19
“A year or two ago I asked my sister to stand as surety for me so I could buy a house for my family. I had a good job and felt comfortable in asking her to do so. She agreed and signed a surety agreement with the bank. With Covid-19 I’ve now lost my job and despite getting payment holidays from the bank, I’m not sure I will be able to make my mortgage instalments. Where does this leave my sister? Will the bank now expect her to repay my outstanding mortgage loan?”
Covid-19 relief – does my race, gender, age or disability matter?
“I am a small business owner and I am hoping to apply for financial relief from the Covid-19 pandemic. Will my company’s B-BBEE status or factors such as race, gender and disability be considered when I apply for the relief?”
Sectional Title body corporates, and Covid-19
“I live in a small sectional title scheme and am on the body corporate. We have tried to comply as much as possible with the Covid-19 regulations but am unsure about what we may or may not do in this time. Is it possible to get some guidance in this regard?”
Is it out with the boardroom table and in with online meetings?
“Our company has for years prided itself on regular board and shareholder meetings as the basis for the success of our business. Initially we stopped due to the Covid-19 pandemic but have started meeting again using online meeting tools. With the pandemic continuing we are worried that we are not meeting the requirements of the Companies Act by not meeting in person. We have no other choice right now. Is it acceptable from a compliance perspective?”
Conveyancer liability under the new Property Practitioners Act
The Property Practitioners Act 22 of 2019 (the Act) was approved by Parliament in September 2019 and includes an estate agent within the ambit of a property practitioner as per the definition contained in Section 1. Although the Act has not yet commenced, it is intended to repeal the Estate Agency Affairs Act 112 of 1976 (the EAA) in its entirety in the near future.