News & Articles
Radio: Trusts as ‘n belangrike boedelbeplanningsinstrument vir boere
Luister hier vir waardevolle inligting oor trusts as ‘n belangrike boedelbeplanningsinstrument vir boere.
Facebook scandals: There but by the grace of POPI go South African businesses
It was with a bit of irony that Facebook users all over the world reacted with outrage over recent privacy scandals.
YES to higher BEE levels
“I’ve taken note of the new Youth Employment Service initiative issued by Government and am very excited about the opportunities it offers to improve the BEE level of my business. I am however struggling to understand what I need to do to contribute and benefit from this. Can you help explain more?”
To what extent are Muslim marriages legally recognised in South Africa?
“I am to be married according to my Islamic religion. Although I understand the practices of my faith, I’m not sure how my marriage is viewed from a legal perspective in South Africa and what protection I have. Can you explain how the law will view my marriage as compared to a normal civil marriage?”
Does my lease terminate if the landlord dies?
“My father recently passed away. He had rental properties in his name and one of the tenants phoned me to hear if he has to move out now that my father has passed away. What is the position? Has the lease come to an end?”
POPI allows you access to your personal information
“I run a small franchise electronics store. I collect basic personal information from our customers that we keep on file and use for marketing notifications to our customers. The other day an upset customer demanded to know what personal information we have of her and said that the POPI Act gave her the right to request a complete copy of her personal information we have. We gave it to her, but I was just wondering whether she really has the right to ask for this?”
The liability of company directors
“A friend of mine has a good business concept and he has asked me to come on board as a partner. He wants to set up a company and make both of us directors in the company. I want to be part of the business but I’m not sure about being a director and what my liability may be?”
Jacques Marais van VDT Prokureurs gesels oor waterregte op GROOTplaas, 17 September 2018
Jacques Marais van VDT Prokureurs het op 17 September 2018 met Elsa Esterhuizen, van die bekende kykNET program GROOTplaas, gesels oor waterregte vir boere. Kyk gerus die onderhoud weer hier.
Is the Small Claims Court a solution to get my money?
“I’m currently self-employed and do handyman jobs to put bread on the table. I recently did some repair work for a client for just over R10,000, but the client has still not paid me and refuses to answers my calls. I can’t afford an attorney but have heard that I can go to the Small Claims Court myself. How does the Small Claims Court work?”
When do you have to appoint an auditor for your company?
“I’ve just started my own private IT company. As a new business, I want to limit unnecessary expenses. I know there will be accounting costs but am not sure if I already have to appoint an auditor for the business. I would like to avoid this cost if I can?”
Is it the end for labour brokers?
“For a few years now I’ve been using cleaning and gardening workers provided by a labour broker. It has worked well for me as the labour broker has been responsible to manage the workers. I’m concerned though about recent media reports that appear to imply that these workers will now be deemed to be my employees. Is this true?”
What can estate agents expect with the new Property Practitioners Bill
“I run a small estate agency in town. I’ve been hearing about the new Property Practitioners Act that’s on its way and that will hold important changes for us as estate agents. What will be the main changes that we should expect from this new law?”
SARS and B-BBEE Commission working together
“I recently read in the news that the B-BBEE Commission and SARS have entered into a memorandum of understanding. I’m wondering though what these government entities would have in common and why they would want to work together. Can you shed some light on this?”
Phatshoane Henney Group honour medals awarded to 162 top law students nationwide
This year 162 students at nine universities across South Africa received the much sought-after Phatshoane Henney Group honour medals which are awarded to the finest LL.B graduates at their respective tertiary institutions.
When does my family trust terminate?
“I have established a family trust for estate planning purposes to make sure my children are looked after when I pass away. I was wondering though if the trust can be terminated after my death, and if so, when? I wouldn’t like all my planning to be for nothing because the trust just ended.”
Can I ask the municipality to extend the period to appeal?
“Our company recently tendered for municipal work. The tender was awarded to another company and the municipality published a notice allowing 21 days within which to lodge an appeal. We missed the notice because of the school holiday period and did not appeal. When we asked the municipality for an extension of the notice period to appeal, they refused. I still think we could be the successful tenderer if we could get a chance to show the municipality! Can we force them to allow us to appeal?”
My company is going under – what is my personal exposure?
“My wife and I are the sole shareholders and directors of our family company. We’ve had a few good years, but with the current economic times, despite our best efforts to keep the company afloat, it doesn’t look like the company is going to make it. For the first time this reality has hit us and we are both worried that the company’s creditors will come after us and take our home and savings. Can they do this?”
Can you remove the executor of a deceased estate?
“My father recently passed away and in his will nominated a financial institution as the executor of his estate. It’s now been months and the financial institution has made no progress with the administration of the estate. I know an attorney that is willing to administer the estate for me, but the financial institution refuses to allow him to take over the executorship of the estate. Can I have the institution removed as the executor of the estate?”
Is BEE compliance a legal requirement for estate agents?
“I run a small estate agency in town. I’ve recently listened to a radio discussion that implied estate agencies will also have to be BEE compliant and get a BEE certificate. Is this true? I’m a small agency and cannot imagine that BEE compliance would be applicable to my business?”
Many benefits for a 51% black owned company
“My start-up business has been growing rapidly and I’m considering bringing a partner on board to invest and help take the business to the next level. I’m keenly aware of the importance of transformation and have identified a potential BEE partner who is prepared to take up a 51% stake in my business. That said, a new partner is a big decision and I just want to make sure there is sufficient strategic benefit in doing so?”
Grandparents have rights too!
“I practically raised my grandchildren for the first few years of their lives and am very close to them. Unfortunately, my son recently passed away and now their mother refuses that I see them. Is there anything I can do?”
Be mindful that even ordinary words can be racist and derogatory
“I’ve recently seen the media reports on the case where a co-worker’s reference to another worker as a “swart man” was found to be racist and derogatory. On a daily basis I am aware of persons referring to others as white females or black persons for example, often in the context of work related matters. Surely this cannot all be seen as racist and derogatory?”
Is it the end of smoking?
“I am both a smoker and business owner that sells cigarettes. I understand that new legislation is being proposed that will affect me as a smoker and my business. Is this true and what should I be preparing for?”
The benefits of investing in venture capital companies
“A business colleague recently chatted to me about an investment he made in what he called a venture capital company and how he was not only investing in local companies but was also receiving substantial tax benefits for doing so. What is a VCC and can you really get tax benefits for investing in such companies?”
The pros and cons of co-ownership
“A friend and I are considering buying a house together as an investment property. I’m quite keen but she is a bit worried about how it will work and if it’s a good idea. Can you give some guidance on what the pros and cons might be of jointly owning the property?”
Does prescription apply to crimes?
“Of late there has been quite a number of media reports locally and internationally of victims of rape or sexual assault coming forward with claims of abuse having occurred many years ago. I know that debts can prescribe, but was wondering if criminal charges can also prescribe?”
Has the bell-tolled for broad-based BEE?
“My business is reliant on a good BEE certificate and I try and keep my ear to the ground about changes that may affect my business. Recently there seems to have been quite an active debate about the proposed new amendments to the BEE Codes. I must say, many of them seem quite positive. So what is all the fuss about?”
VDT History and our presence in the Phatshoane Henney Group
VDT Attorneys Inc. was established in 1932, determined to offer tailor-made and effective solutions to any legal problem in a cost-effective manner. We have over the years formed strong professional relationships with our clients and correspondence practices.
85 Years of Award-Winning Service
By acting on a cutting-edge level of professionalism, VDT Attorneys Inc. strives to deliver exceptional service, consistently. Our clients form the core of our service-delivery principles because without them, we cannot reach our fullest potential in the legal field. It is with the loyalty of our clients, the dedication of our team and the guidance of the directors that we have been awarded several accolades.
When does a parent’s duty to financially support a child end?
“I’m divorced and have been paying maintenance for my ex and my two children for a number of years. My eldest son has now finished school and wants to go to university. My ex is now insisting that I must contribute to his university studies as part of my maintenance obligations. Surely now that he is an adult, my responsibility to maintain will have stopped?”