News & Articles
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”).
Can private schools have a termination clause in their contracts with parents?
“Family friends of ours have a child who has been kicked out of the private school he was attending. As I understand it, the school just terminated the contract with the parents based on the unruly behaviour of the child. They are very upset by the school’s action and I was wondering whether a private school is allowed to just do that?”
When am I required to register as a credit provider?
“I run a small crafts shop in town. From time to time I allow some of my regular customers to pay me back over time. It’s usually not big amounts and I only do it to help them because I know times are tough. A friend warned me though that I should be careful as I may be required to register as a credit provider. Is this true?”
Can the majority of trustees request a trustee to resign?
“I am a trustee on a family trust. I was recently informed by the other trustees that they are requesting me to resign as trustee. They did not provide me with any reasons except to say that they are allowed to do this as the trust deed gives them such powers. Can they just do this?”
3 ways in which your social media status updates could land you in trouble
Ever heard the advice never to take a naked selfie under any circumstances? Or, at the very least, keeping your face out of the selfie to prevent future identification or blackmail.
Tips for tenants: festive season safety and security
The holiday season starts with year-end functions, family time, Boney M and decorations in shopping centres, jubilation about imminent vacations and, yes, crime.
What the new Mining Charter holds for mining companies and suppliers
“I work in the mining sector. It seems that finally agreement has been reached and a new Mining BEE Charter issued. Am I right when I say that the new charter determines that in the mining industry you now need to be at least 51% black owned?”
Proposed amendments to the Companies Act
“Over the past few years I’ve come to understand what the Companies Act 71 of 2008 requires of me to manage my business legally and effectively. With talk of more amendments on the way, what should I be preparing for?”
POPIA and the role of consent for direct marketing
“I have purchased some electronic products from a local store. They asked me for my contact details supposedly for warranty purposes on the product. Now they keep sending me SMS’s and emails to market their products. Surely they must first ask to me before they can do this?”
What do I need to keep in mind when appointing an executor in my will?
“I’m getting married soon and know that we are going to have to get a will in place. My friend told me that an important decision is deciding on who the executor of our estate will be. I have no idea though how to decide or what to consider. Can you help?”
Employment Equity Act amendments may impact your state contract
“I’ve recently heard about proposed amendments to the Employment Equity Act which I understand will make it more difficult to tender for Government work. Is this true?”
Complex relationship with your complex neighbours?
Here are the top 5 complaints, and how you can deal with them.