News & Articles
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.
Building blocks of a building loan
If you are planning to build your dream home or to make alterations to your existing home, you will probably need a building loan from a bank to make your dream a reality.
A building loan is used to finance the construction of your house on vacant land or to finance renovations to your existing home. The difference between a standard home loan and a building loan, is that the bank only pays out the loan in stages as the construction process goes along, until completed. Most banks will refrain from making final payment until the borrower has signed off on the completed building or renovations
Buying a new home?
You may be in the market for a new home. Perhaps you just got married or you recently started a family. When purchasing a new home there are a few things to bear in mind. This is by far one of the biggest financial commitments you will make so it is crucial to be well informed.
How far can Covid-19 be used to avoid meeting contractual obligations?
“With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is the virus a valid excuse?”
How far is a bank liable if you lose your credit card and pin?
“I lost my wallet with my credit card in it and a piece of paper on which I wrote down my new card pin number. Because I was hoping I may still find my wallet, I didn’t immediately stop my bank card. A few hours later somebody used my card to pay for food on the other side of town. I then immediately phoned the bank to stop the card and informed the bank that somebody else had my card and pin. The bank told me in that case the bank would not be liable for my losses. Is this true?”
Can a close corporation go under business rescue?
“I have a construction business that is operated in a close corporation. As we have not had much work during the last few months, my business has come under severe financial pressure. I still believe in the business and know things will pick up again, but right now we just don’t have the cashflow to pay our creditors. I’m considering business rescue but am unsure whether that option is available seeing as my business is a close corporation?”
How valid is a marriage contract if not confirmed by court?
“I have been married to my husband for more than 20 years. We were both in our early twenties when we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?”
May a pension fund withhold payment to a member pending a criminal investigation against the member?
It happens all too often that an employer has to dismiss an employee as a result of theft. In most instances employers would also institute legal action against the ex-employee in an attempt to recover the damages caused. Employers are, however, never quite sure whether the ex-employee would have sufficient funds to pay the damages claim, should the employer succeed in its claim.
Cry havoc and let slip the dogs of war! Illegal hunting with dogs
Awareness is in many ways the precursor to change. The illegal hunting with dogs, devastating as it is, is not discussed in the media very often. This is unfortunate as illegal hunting with dogs has led to a significant decline in the population of various species. Most notably, the practice threatens the existence of the Oribi, Blue Crane and other crane species.
Retrenchments in light of the outbreak of COVID-19
As more and more employers succumb to the economic pressure of these trying times, retrenchments are regrettably unavoidable.
Fortunately, for employers and employees alike, the Labour Relations Act 66 of 1995 (LRA), places a premium on both employment justice and the efficient operation of business. While employees should be protected from arbitrary action, employers are entitled to retrench their employees.
Practical implications for farmers in respect of the Animal Diseases Act
The purpose of the Animal Diseases Act 35 of 1984 (the Act) is to provide for the control of animal diseases and parasites, for measures to promote animal health, and for matters connected therewith. Legalese aside, what are the practical implications of the Act for farmers?
Moenie met siekte spot nie: die bepalings van die Wet op Dieresiektes
Die doel van die Wet op Dieresiektes 35 van 1984 (die Wet) is om voorsiening te maak vir beheer oor dieresiektes en -parasiete, vir maatreëls ter bevordering van dieregesondheid, en vir aangeleenthede wat daarmee in verband staan. Dit is alles goed en wel, maar wat beteken die Wet prakties vir die boer?