News & Articles
How to validly extend the period for getting your home loan approved
“I’m trying to buy a house. The purchase agreement is subject to the condition that I obtain a mortgage bond within 30 days. My time is running out but I’m close to getting the financing approved from my bank. I just need a few more days. Is it possible to extend the 30 day period and if so by when must this be done? I really don’t want to lose this house!”
Be careful not to employ convicted sex offenders in jobs near children
“I’m establishing a new day care centre and am recruiting employees to work in the centre. I recently heard of another day care that had big problems when they unwittingly employed a convicted sex offender at the day care. I want to avoid a similiar situation and was wondering what I should do in this regard?”
What is your duty to enquire whether a couple is married in community of property?
“My mother and father were married in community of property. They often joked by saying that they could get out of any contract as long as only one of them signed because the law required that both of them must always sign. As a business owner, through the years I’ve always wondered whether this is correct and how careful a business needs to be when dealing with couples married in community of property?”
What print or font is too small for a contract?
“I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble. When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?”
Why the decisions of our courts establish our law
“A friend of mine is studying law and he once mentioned that our courts must always look at previous court decisions when considering a matter and in this way our courts also create law. I find that quite strange as I always thought we had existing laws that our courts must only apply. Can our courts really also create law?”
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Since our establishment in 1932, we have been a leading firm grounded on exceeding expectations, being professional and importantly, implementing solutions. Laws regulating BEE and Employment Equity within the realm of corporate culture have been enacted to further the skills set and opportunities of previously disadvantaged individuals. This requirement is not the sole reason why we are a transformative firm.
What It Takes to Bid Farewell to Your Home
Calculate the financial implications of selling your home
Notification of circumstances which may give rise to a claim
Many practitioners may not be aware of the fact that, in terms of the AIIF professional indemnity insurance policy, notice must not only be given to the insurer of an actual claim or demand, but also of circumstances which may give rise to a claim.
The importance of a privacy policy for your business
“I’ve been working with developers to take my business online. They have advised me to make sure I have a proper privacy policy drawn up for my website. Is this really necessary or can I just use a standard one from the internet?”
When to register your BEE transaction with the B-BBEE Commission
“I have a medium-sized construction business. We recently had our BEE partner buy a stake in our business. I’ve heard that you are now required to register your BEE transactions with the new B-BBEE Commission. Is this correct and will I have to register our transaction?”
Black industrialism, youth employment and education funding key in proposed new BEE amendments
“I understand that Government has proposed important amendments to the current BEE Codes of Good Practice that will have a big impact on large businesses in particular. My company qualifies as a generic enterprise, and I was wondering what I need to prepare for should these amendments be adopted.”
How to interpret time periods in a contrac
“I was recently reading my standard cellphone contract and was amazed to notice how many items were linked to days. It wasn’t immediately clear to me if it was calendar days or business days or even when these days start running. Is there a standard rule for how this works?”
POPI and your data security
“I have an advisory business serving private and corporate clients. Our client information is stored on a central server in our offices. I have been advised to review our data security due to the growing risk of being hacked and the requirements of POPI to protect the personal information of my clients. What does POPI require of me in this regard?”
Can I amend my will?
What is a codicil?
When you want to add something to your will or make a minor change, then you can make use of a codicil. A codicil is a schedule or annexure to an existing will, which is made to supplement or to amend an existing will. A codicil must comply with the same requirements for a valid will. A codicil need not be signed by the same witnesses who signed the original will.
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Managing disputes over a deceased relative’s estate
The Administration of Estates Act, 1965, determines what must happen with an estate after a person’s death. There are certain steps that should be taken to ensure the process is legal. However, if the estate is worth a lot of money or the deceased has children, then it is a good idea to seek the assistance of an attorney, as family disputes and debts of the deceased can be confusing. In order to do this an executor will be appointed to act on behalf of the estate.
How will the VAT increase affect our recent purchase of property?
“My husband and I found our dream home through an estate agent, and signed the sale of property agreement on 31 March 2018, a mere day before the new VAT rate came into play. The property, however, only registered in our name after 01 April 2018. What VAT rate is applicable?”
What are the consequences of paying an admission of guilt fine?
“My son was recently arrested after being in a bar fight. The police offered him the option of paying an admission of guilt. While he did not accept it, I do wonder if it would not have been the better option. What are the consequences of paying an admission of guilt?”
How to stop the water abuse in your complex
“We are all aware of the water restrictions around the country and that we should all try and save water. Yet in our sectional scheme, there are some of the owners that openly waste water, but receive the same water bill as I do from the body corporate. Surely our body corporate should be dealing more effectively with such wastage?”
The impact of the delayed implementation of POPI on consumers
“I’ve read in the media that the Information Regulator has again delayed the coming into operation of POPI Act. As a consumer, I’ve been waiting for this to happen to help stop the abuse one has to suffer from marketing emails, phone calls and the blatant and unauthorised sharing of my personal information. How long will this delay be and when can I expect my rights to start being protected?”
Does a power of attorney lapse in death?
“My uncle is retired and spends a large part of his time travelling overseas. Because he is often out of the country, he provided me, through a Power of Attorney, with the authority to conclude a sale transaction of his beach house on his behalf. A good offer was made which I accepted and signed the agreement of sale. Unfortunately, my uncle tragically passed away but before the property has been transferred. The buyer wants to continue, but I’m unsure whether I can still represent my uncle now that he is deceased?”
What to do when the trustee claims he is not authorised
“My beach house is for sale. A few weeks ago, I received an offer from a trustee on behalf of a property investment trust. I accepted the offer and the deed of sale was sent to the transferring attorneys. They have now called me and indicated that the investment trust claims that the trustee was not authorised to make the offer and that the trust is accordingly not bound thereto. Can the trustee and trust just evade responsibility like this?”
Calculating your BEE Level under the new Financial Sector BEE Charter
“My insurance business falls under the new Financial Sector BEE charter which recently came into effect. I’m struggling to understand how the new scoring system works and how this will impact on the BEE level of my business. Could you help clarify this?”
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How the VAT increase will affect property transfers and the registration of transfers before and after 1 April 2018.
The standard VAT rate is set to increase by 1% effective 1 April 2018. The new rate will be 15%, as announced by the Minister of Finance in the budget speech on 21 February 2018.
What happens to my Bitcoins when I die?
“I’ve started buying Bitcoins as a form of investment. I am aware that is a virtual currency and that different rules apply to Bitcoins. But I’m now starting to wonder how I can ensure that I transfer my Bitcoins to my heirs when I die?”
Is spanking your child unlawful?
“I saw it reported in the news recently that spanking your child has finally been criminalised. Is this true? Will this not result in overloading our justice system even more than it already is?”
Can I rent out my sectional title unit as holiday accommodation?
“I have a sectional title unit at the coast, which I only use a few times a year. I would like to rent out the unit for holiday accommodation, but am unsure whether I can just do this?”
The Financial Sector BEE Charter sets custom requirements for the sector
“My company operates in the short term insurance environment. I understand the new Financial Sector BEE Charter was published at the end of 2017 and already applies. Is this correct and what changes has it introduced?”
Phatshoane Henney Group awards R250,000 in bursaries to 10 candidate attorneys
The Phatshoane Henney Group of Associated Law Firms has just awarded 10 bursaries with a total value of R250,000 to black candidate attorneys serving articles at Group member firms nationwide.