News & Articles
Phatshoane Henney Group Transformation Report 2016/17
The Phatshoane Henney Group – South Africa’s largest legal network – established specific Group BEE Standards in 2015 as part of the Group’s commitment to transformation and diversity. Every two years, progress by Group firms in advancing transformation is measured against these standards across the entire Group and consolidated in a Group Transformation Report for the period in review.
85 Years of growth
Since its establishment, VDT has grown to deliver exceptional service in specialised fields of the law while building a reputation as a people-centric firm.
Must costs follow the result in Labour Court disputes?
“I’m unemployed because my fixed-term contract was not renewed by my employer. I referred a dispute to the CCMA but was unsuccessful there. My attorney does feel there is merits in taking the matter on review to the Labour Court, but has warned me that it may be expensive and there is no guarantee that even if I win my case, that my legal costs will be paid by the employer. Is this really correct? I always thought that the unsuccessful party must pay the successful party’s costs?”
POPI and the storing of personal information
“My business collects a lot of personal and financial information from our clients. This information is obtained both electronically and in hard copy format. Because of the volume of the information, we store the information electronically and in hard copy with an off-site data storage company. They don’t do anything with the data except store it for us. Does POPI apply to this relationship?”
How should I plan for my minor child to inherit?
“My wife and I have a young daughter. We are planning to update our estate planning to provide that our daughter inherits everything should both of us pass, but have been wondering what will happen if this happens while she is a minor? Can we plan for this eventuality?”
Must a developer of a sectional title scheme also pay levies?
“I’ve developed a small sectional title scheme with a few units in town. Most of the units have been sold and the body corporate has been established. The body corporate has now requested me to also contribute to the levies of the scheme. Am I as the developer required to contribute to the levies?”
Does Ubuntu apply to contracts?
“My business has been renting from the same landlord for over five years without missing a payment. We lost a big contract last year, so cashflow has been a bit tight, and caused us to be late on a rental payment. Our landlord immediately threatened that he would evict us if it happened again. Last month, unfortunately, we again slipped a payment and the landlord has now started eviction proceedings. Despite that our contract allows him to do that, I feel this is unfair as we have been a good tenant for a long time. Surely he can’t just kick us out because of two late payments.”
No, Amor got far more than a television set
Whilst New Year’s resolutions abound, reviewing your last will and testament should be at the top of the list. However, there are some myths around what you can and cannot do through the most important document you’ll ever sign.
85 years of protecting ideas
At VDT Attorneys Inc., our expertise and professionalism have allowed individuals and businesses to innovate, create and grow without the fear of their most prized possessions being stolen… their ideas.
85 Years of Dispute Resolution
Dispute resolution has become an important alternative mechanism to litigation for resolving disputes. When it comes to mediation, it is about assisting parties in resolving their dispute in a speedy and cost-effective manner, meaning that a matter could potentially be resolved in as little as one day.
POPI and the quality of your information
“I work at a recruitment agency. I generally receive personal information, such as copies of identity documents from our clients listing their CVs with us. These copies are stored in our electronic database. I understand that POPI requires that personal information of clients, such as the quality of copies of identity documents must meet certain requirements. What exactly are these requirements?”
Who must prove that the water meter is not working?
“I’ve really tried to cut down on my water consumption and over the last year it‘s been very low. However, over the past 3 months my municipal water accounts suddenly more than tripled. Knowing this cannot be right I queried my accounts with the municipality. They said the consumption was correct according to my water meter and I must pay or my water would be cut off. The only explanation I have is that the water meter is not working correctly. But whose responsibility is it to verify this?”
When is a landowner responsible for a fire that spread beyond his property?
“I own a small holding of a few hectares. Recently, with the heavy winds in the region a veld fire started on my property. I’m still not sure what happened, but the fire spread quickly, despite my attempts to stop it, to my neighbour’s property and caused damage to some of his sheds before we could get it under control. Needless to say, my neighbour is very upset about the damage and I think is contemplating holding me responsible. Can he hold me liable for the damage?”
Authorisation to act on behalf of a trust: The risks of “blanket authority”
“I am a trustee on the family trust of a deceased friend. With my work I will have to travel extensively in the next year, which will make it difficult to attend to many of the day-to-day decisions and resolutions relating to the trust. I have a competent co-trustee who I would trust completely to do this. Can the trustees pass a resolution authorising this co-trustee to sign all documents and agreements on behalf of the trust for the next year?”
Over 360 disabled learners enrolled for learnerships in the Phatshoane Henney Training Academy
Since the establishment of the Phatshoane Henney Training Academy in 2014, over 360 disabled learners have been funded by and enrolled for formal learnerships empowering them to improve their chances for employment and earning an income.
85 years of real estate
Real estate and the ability to own and transfer property remains a cornerstone of our economic system and an integral part of personal and financial planning. For 85 years, we have been providing specialist support regarding commercial property services and conveyancing transactions.
Clarity at last! A new owner is not responsible for the municipal debt of the previous owner
“I’ve been following the running debate in the media over the last few years about whether the municipality can hold a new owner responsible for the municipal debts of the previous owner. I understand now that the matter has been decided on by the Constitutional Court. But is it really resolved?”
What is the impact of the withdrawal of exemptions under FICA?
“I’m responsible for FICA at my accounting firm. With the possibility of certain of the exemptions issued in terms of the Financial Intelligence Centre Act, being withdrawn by the new amendment act, I’m worried that our firm will now have to comply with all areas of FICA. Will this be the position?”
What to do when a protected strike turns violent?
“A unionised grouping of my employees obtained a certificate to go on a protected strike. However, several of my non-striking employees have been intimidated and the striking workers have blockaded my work entrances and damaged my fences and trucks. I’ve asked the union to put a stop to this conduct by their members, but nothing has happened. I recognise the right of the employees to strike, but surely they can’t be allowed to cause such damage?”
More clarity on what constitutes BEE fronting
“I recently lost a big tender. I’ve heard that the winning bidder, although more expensive, had a better BEE level than me because they are 51% black owned. But now I also hear that they are subcontracting most of the work to another company. Surely this is not allowed?”
The “who’s who” of POPI
“I own a local cellphone and electronics store. We collect personal information from our clients, and quite often have to pass on information to third parties such as cellular providers etc. in order to provide our services. I’m not sure where our business fits into the picture with POPI and what my responsibilities are? Can you provide some clarity?”
What happens to my right of first refusal when I renew my lease?
“I have been renting a house for a few years, and because I would like to eventually buy the place should the owner decide to sell, I asked that we include a right of first refusal in my favour in the lease agreement to buy the house. The lease has been renewed a few times over the years. Now the owner has decided to sell to his brother-in-law saying that my right fell away when the lease was renewed and no longer exists. Can he do this?”
Do Uber drivers qualify as employees?
“I’ve been thinking about becoming an Uber driver. It seems to be a good model and they provide the platform for me to use which I think is very useful. How does it work though? Will I be contracting my services out or will I become an employee of Uber?”
How carefully must a trustee step when it comes to buying trust property?
“I’m a trustee on the family trust of a deceased friend where I’ve helped look after the family assets in the trust for his children. Part of the trust property is a beach property that the children want sold and that has been on the market for quite a while. I’ve been toying with the idea of buying the property myself and I’m sure the children wouldn’t mind, but am hesitant to do so because of my position as trustee. Can I consider buying the property from the trust or would that be wrong?”
The draft Defence Sector BEE Charter introduces interesting new compliance elements
“I’ve built up a business around providing equipment and clothing for certain part of our military and police services. I’ve done my BEE planning to make sure that I’m in a good position to continue getting government tenders. I’ve heard talk of a new BEE charter for the Defence sector coming out soon, and want to make sure I have all my ducks in a row to comply. Is this true?”
85 years of expertise
Established in 1932 and having survived, changed, grown and prospered over several decades, we have become a prominent Gauteng firm with a successful track record that knows how to deliver the best results. We have avoided the trap of trying to be and do everything. Instead, we have directed our expertise on becoming the best in our specialities and working with only the top clients all over South Africa.
Does POPI apply only to electronic records?
“I’m an accountant and work from home. I don’t have a computer and have been doing all my work for years only on paper. My clients have been with me for a long time and I keep physical files for each of them. I’ve taken note of POPI, but I am unsure as to whether it will apply to me, as I don’t have any client information in electronic form. Surely I don’t need to worry about POPI?”
Lapsed firearm licence – what is the current position?
“I own a firearm which has always been validly licenced. I was out of the country for a few months with work this year and was unable to renew my licence before its expiry in June. On my return I went to the police, but they told me that because my licence was not timeously renewed it was now invalid and that my possession of the firearm is now illegal. Is this the case? Surely I have a valid excuse for not having renewed my licence?”
Liquidation or business rescue – what is the difference?
“My family company has been operating successfully for nearly 20 years. Over time I’ve also managed to get a few investors into the business. The last year however has been tough and we are struggling to make ends meet. I feel its decision time about the future of the business, but was wondering whether liquidation is the best route or must I rather look at business rescue? What is the difference between these two options?”
Beware the suspensive conditions in the offer to purchase
“I’ve made a written offer on property that has been accepted by the seller. The offer was subject to the condition that I acquire a mortgage from a bank for the full purchase price within 30 days. I received a mortgage quotation from a bank and notified the seller that I will accept it. In the meantime, I‘ve sought for additional quotations and asked the seller for extra time to search for a better interest rate. However the seller refused and indicated that he was going to accept a higher offer from another buyer because I had not complied with the conditions. Can he do that? I did accept the first quotation.”