News & Articles

Employee grievances: one misstep can cost you!

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.

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When medical certificates raise a red flag

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.

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Deregistration looms for non-compliant companies

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.

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Remote commissioning a possibility?

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!”

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The rising tide of business email compromise

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.

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Unlocking a hidden gem in the Income Tax Act

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.

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Lighting up fire danger ratings

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.

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Mediation – a go-to option for divorcing couples

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.

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Outstanding charges, body corporates and sales in execution

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.

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Stoners may be exempted from zero-tolerance policy

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.

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Trustee responsibilities have become even heavier

Trustee responsibilities have become even heavier

The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.

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Where does director liability end?

Where does director liability end?

The actions of a company director are often seen as the actions of the company, leading to the perception that where a company has potentially caused harm or damage at the direction of its directors, the directors are automatically liable for such loss or damage. Our Supreme Court of Appeal recently had occasion to consider this position and when directors can be held liable.

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Electric vehicle tax incentives hold business opportunities

Electric vehicle tax incentives hold business opportunities

A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines.

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