News & Articles
Don’t gamble with banking details via email
Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance.
The implications of a waiver of rights by directors
The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’ in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.
Consistency is key for Homeowners Associations
With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.
Preserving your art legacy: Tax tips for collectors
For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved. While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.
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.
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.
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.
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!”
Must you pay the estate agent if there is no agreement?
When buying or selling a property, estate agents play a crucial role in facilitating the process. But what happens when there is no explicit agreement regarding the estate agent’s commission? Is it still payable?
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.
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.
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.
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.
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.
Businesses, body corporates, and the right to electricity
Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to pay its service fees to the municipality?
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.
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.
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.
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.
When is the National Credit Act applicable to a credit agreement?
The purpose of the National Credit Act, Act 34 of 2005 (“NCA”), is inter alia to promote and advance an effective and accessible credit market and industry, and to protect consumers.
Can a minor validly enter a contract?
Many people are aware that minors have a ‘limited’ capacity when it comes to legally binding themselves and entering contracts, however, the circumstances in which a valid contract can be concluded by a minor are less commonly known.
An Effective remedy in difficult times: curatorship appointments
The decision to place someone under curatorship can be a difficult and emotional one, both for the person being placed under curatorship and for their loved ones who are more often than not the people having to decide to take the required action.
Unfair dismissal? Your rights during business rescue
Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.
Body corporates and access to information. What are the rules of engagement?
Unit owners in a sectional title may from time to time feel that the body corporate is not managing the scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?
The taxes applicable to a deceased estate
When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.
Be careful not to let your medical negligence claim prescribe
Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say.
Law and technology: can an oath be commissioned virtually?
In a recent Judgment in the South Gauteng High Court, it was decided that the law pertaining to the administering of the oath is wide enough to be interpreted to allow a Commissioner of Oaths to commission an affidavit virtually.
Legal change: South Africa recognises Muslim marriages
In the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others 2022 (5) SA 323 (CC)), the Constitutional Court found that certain provisions in the Divorce Act 70 of 1979 (“Divorce Act”), as well as the Marriage Act 25 of 1961, were inconsistent with the Constitution. These provisions failed to recognise marriages solemnised in accordance with Sharia law (Muslim marriages) as being valid for all purposes in South Africa.
Why social media disputes can be a Pandora’s box
Social media sites and the use of these sites for personal and business use are accepted in today’s digital world. For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?
When must I pay my increased sectional title levy?
Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases levies? When does the unit owner become responsible for paying such increased levies?