News & Articles
How about that ‘suspensive condition’?
“I’ve bought and sold a few houses in my time and have always seen provision being made for a suspensive condition such as that the agreement is subject to a home loan being obtained. I’ve got the gist of what it means, but have never felt like I can explain it to someone else. Can you break it down for me?”
When to say yes to the Y.E.S. Initiative
“My business is considering supporting the Youth Employment Service initiative announced last year by Government to help improve the BEE level of my business. However, I’m struggling to find more information on how it works and how to get started. Can you help?”
Can my insolvency lead to termination of my lease?
“I own a few commercial properties that I rent out to businesses. Recently it has come to my attention that one of my longstanding tenants is going under financially. He has nearly two years left on his term. Can I terminate his rental agreement if he becomes insolvent?”
New developments with precautionary suspensions
“I have a suspicion that one of my branch managers is busy stealing stock and cooking the books. The numbers just don’t add up. I want to suspend him to allow a full investigation to be done, but don’t want to give him a heads-up so he can hide evidence. Can I suspend him immediately without giving him a chance to provide reasons so I can ensure that he leaves the premises? Please advise.”
How fair must government tenders be?
“My business is growing and I have a good BEE scorecard. It makes sense that I should start looking at getting government work. I’ve been avoiding it because it seems to me that the government entities award tenders to whomever they like. If I go to the trouble of tendering I’d at least like a fair shot at getting the work. Is it worth looking at tenders or should I rather leave it?”
When must my Home Owners’ Association protect my property?
“I live in an estate. While on holiday my house was broken into. I feel that lax security could have been the reason for the break-in. However when I raised this with the Home Owners’ Association they were dismissive and said they had no responsibility for the break in. Is this true?”
What to do when a business opens next door to your house
“Our house is situated in what used to be a quiet residential suburb. Lately though, more and more businesses have started opening up around us with houses being converted into business offices. This has ruined our quiet neighbourhood and resulted in more traffic and other problems in our neighbourhood. Surely businesses cannot just open up offices in a residential area? Is there anything we can do?”
Akkoord-heinings op #GROOTplaas, 28-Mar-19
#VDTmediaflash...
Phatshoane Henney Group awards R250,000 in bursaries to 12 candidate attorneys
This year the Phatshoane Henney Group of Associated Law Firms has awarded 12 bursaries with a total value of R250,000 to black candidate attorneys serving articles at Group member firms nationwide.
Need a second chance? Get your will in order today!
Everybody deserves a second chance, the saying goes. With your will, you have unlimited “second chances” to correct any past mistakes or to change your mind. With so many chances, it is mind-boggling and tragic that court records are replete with disputes about deceased estates.
Phatshoane Henney Group firms awarded for achieving the highest standards
A total of 33 Phatshoane Henney Group Firms received Platinum, Gold and Silver Achiever Awards following the Group’s annual Group Standards Certification process conducted at the end of 2018.
New regulations provide more clarity on POPIA
“I’m the compliance officer for our business and have been tasked with responsibility for POPIA. I saw a media report on regulations being promulgated and was wondering if there is anything of importance that I need to take note of in them for our business?”
Can my business be exempted from paying the national minimum wages?
“I run a local supermarket and have quite a number of employees that work for me. I understand that with the new Minimum Wage Act I am now required to pay the minimum wages. This will definitely hurt my business. Is this compulsory and must I immediately pay these minimum wages?”
Can I force my tenant to trade?
“I own a small shopping complex. A key tenant, who must give six months’ notice if they don’t renew their lease, has just given notice. I don’t have a problem with that, but with months to go before they exit they have now stopped trading. This will have a big impact on feet to the complex if they don’t trade and I’ve asked them to continue trading until they vacate the premises, but the client refuses and says he’s cutting his losses. Can I force him to trade for the remainder of the lease agreement?”
Why a Fidelity Fund Certificate is important for you and your estate agent
“I’ve finally received my qualification to practise as an estate agent, but am still waiting for my Fidelity Fund Certificate. Some people say I can start practising as an estate agent as long as I’ve applied for my Fidelity Fund Certificate. Is this correct, and can I already practise as an estate agent?”
The new Mining BEE Charter Implementation Guidelines
“My company is the holder of several mining rights. I understand that further guidelines to the Mining BEE Charter were recently issued that deal extensively with mining rights holders. What should I take note of under these guidelines?”
New Mining BEE Charter Guidelines help clarify the emphasis on local procurement
“My business works exclusively in the mining industry providing goods and services to mining companies. I understand the recent Mining Charter guidelines are quite important for suppliers like myself that work in this industry. Is there anything specific I should be aware of?”
Can a testamentary trust be changed later?
“My wife and I are discussing providing for the creation of a testamentary trust in our will to take care of our minor children upon our untimely death. I’m worried though that if we establish a trust, it may be too rigid to deal with the changing circumstances of our children. Can the trust be changed after our death should it be necessary to do so?”
Grensheinings en die Wet, 28-Feb-19
#VDTmediaflash
POPI: the role and responsibility of the Information Officer
On 14 December 2018 the Regulations relating to the Protection of Personal Information 2018 (POPI Regulations) were published by the Information Regulator. The POPI Regulations, although final, will only take effect on a date that will align with the commencement date of the Protection of Personal Information Act 4 of 2013 (POPI).
Community news: SA Cares for Life pizza bust with Panarottis Menlyn
Thank you for your generosity today, Panarottis Menlyn.
One of VDT’s staff members submitted a motivation for a Panarottis pizza bust, and together we were able to express our appreciation to a wonderful community organisation, SA Cares for Life, by surprising them with tasty pizza from Panarottis Menlyn.
The New Defence Sector BEE Code aims to develop the defence sector
“Our company supplies specialised products exclusively to organisations in the defence sector. Our company is BEE compliant, but with our certificate having to be renewed soon, I am unsure whether the new Defence Sector BEE Code will apply to our business. Up to now we have reported under the Generic BEE Codes. What will the position be going forward?”
Why an antenuptial agreement may be important when getting married in terms of customary law
“I am getting married this year in terms of customary law. My fiancé and I are both professional persons and want to be married out of community of property so we can each manage our own estates. How can we go about doing this?”
What leave is a father entitled to at the birth of his child?
“My wife is due to give birth in two months. I’ve seen media reports that a father is now entitled to longer paternity leave, but when I approached my employer to find out I was informed that I am only entitled to three days family responsibility leave. What is the current position?”
Surety and guarantee. Birds of the same feather, or not?
“My wife and I are the shareholders of our family company. We need to buy a delivery truck for the business and have talked to our bankers who will provide vehicle finance, provided my wife and I, in our personal capacities, bind ourselves as surety and also provide a guarantee for the payment of the debt. What is the difference between a surety and guarantee or is it the same thing?”
Can I be fired for my colleagues’ wrongdoing?
“I work a till at a big general store. The owner discovered that some of the other till operators were overcharging customers and pocketing the difference. I knew they were doing this, but felt it was none of my business and did not tell my manager. Now they want to fire me because I should have blown the whistle on the others. Surely I can’t be fired if I did nothing wrong?”
Data security under POPIA is important even for small businesses
“I’m the owner of a small advisory firm. A few days ago, one of my employees left his laptop in the car during the weekend and it was stolen out of his car. I now hear that the IT guys forgot to have encryption activated on his laptop. With client information on the laptop I’m worried about whether I could be in breach of POPIA. Am I?”
Weet jy wat jy moet weet van BBSEB en die Nasionale Waterwet?
Die Nasionale...
Serwitute in die landbousektor, 29-Jan-19
Harrie van...
Legalisation of documents: authentication or apostillisation?
Don’t know if your documents will be considered legal outside South Africa’s borders? Read the article to find out more (see pdf at “download document”).