News & Articles
Can a director establish his own competing company?
“I am currently a director in a printing company. I find that the owners are very conservative and are not interested in my ideas for expanding the company. I’ve now started thinking that I should start my own company, which will probably compete directly with my current company. I don’t have a restraint of trade, but I am worried that as a director I could get into trouble if I do this. Can I start my own company?”
Small construction companies and the amended Construction Charter
“I own a small building contractor business. BEE is becoming increasingly important for my business. I understand that the Revised Construction Sector BEE Codes provide an opportunity for a small construction business to be exempted from BEE. Is this correct? If so, what must I do to qualify for the exemption?”
Should I plan my estate as a young adult?
It is very important for you to plan your estate, which could include a living will, a last will and a living trust. This can help families prepare for difficult times when you are no longer around to assist or advise them. Our lives get busier and more complicated by the day, so estate planning for young and old becomes increasingly important. Young people should consider preparing certain estate planning documents, and in particular financial powers of attorney and living wills.
85 years of innovation
Having survived, changed, grown and prospered over several decades, VDT has become a prominent Gauteng firm that knows how to deliver the best results and the most innovative solutions. The firm’s longstanding 85-year history speaks for itself, making it a force to be reckoned with. VDT’s move to Brooklyn, Pretoria in 2002 signified the firm’s focus on growth and expansion.
85 years of exceptional service
A central building block of VDT is its exceptional service, which has been refined over the past eight decades. The firm has consistently offered tailor-made, effective solutions and has developed the ability to solve any legal problem in a cost-effective manner.
Implications of the new Construction BEE Charter on construction material suppliers
“My company supplies construction materials and in the past I have always been verified under the general BEE Codes with my BEE verification. Will this still be the case in terms of the new Construction BEE Charter? If not, what effect will this have on my business?”
Billing system of municipalities under fire
“I am in the process of selling my house. I’ve approached the municipality for a rates clearance certificate. They’ve now informed me that I have an outstanding amount of more than R100,000 on my water account which they say has run up over the last 10 years, because I was charged on estimated amounts and not actual metered amounts. I’ve made sure to always pay my account every month, and now I have to pay this. Surely this cannot be right?”
Tips for the first time home builder
“I have a vacant plot in a residential area which I am now ready to start building my retirement home on. However, everyone has warned me that a construction project is complex and that I have to follow the right steps and get all the right approvals before I start to avoid lots of headaches later. So where should I start?”
Can one email constitute harassment?
“At work one of my colleagues recently replied to an email that I had sent to him, in a terribly derogatory fashion, calling me names and insulting me in a very chauvinistic fashion. He sent his reply to me and many of my colleagues and I am ashamed by what he said and how he riduculed me as a woman in front of my colleagues. I feel victimized by his conduct. But what can I do, it was just an email?”
Is a time bar clause in a contract enforceable?
“My company concluded a contract with a supply company to supply us with imported tiles. Given their reasonable price we bought a large shipment of the tiles. About 9 months later we discovered that a large number of the tiles were broken. We approached the supply company to replace the tiles, but they refused stating that our contract states that we had to notify them of any defects or damage in the tiles within 6 months of delivery. Surely they can’t rely on such a clause when they in fact delivered broken tiles?”
Managing disputes over a deceased relative’s estate
If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary troubles.
85 years of giving back
Over the years, VDT has shown its character by working to empower the lives of those less fortunate by getting involved in community events and putting our skills to use in more ways than just helping clients.
Regulating social media abuse in the workplace
“I have a growing concern not only about the time my employees are spending on social media sites but also about the risks for my business if an employee should not conduct themselves appropriately whilst online. How do I strike a fair balance as an employer between allowing social media use and protecting my business interests?”
New Preferential Procurement Regulations see the light
“My business is quite reliant on government tenders. I understand that new procurement regulations will soon be published which will impact on government tender processes. How concerned should I be?”
The new Cybercrimes and Cybersecurity Bill to tackle cyber criminals
“I receive at least ten fake emails and sms’s per day telling me I’ve won, or entered some competition or can claim some reward. And it seems to just get worse. It feels like it’s just a matter of time before I get caught in some scam and then I won’t even know who to turn to for help. Surely, these criminals can’t just have free reign to do what they want?”
Is the interest-free loan to a trust dead?
“For estate planning purposes a few years ago I moved some of my assets into a family trust and financed the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?”
What rights do performing animals have?
“With a circus in town again, I cannot but wonder whether there is any protection for the animals that have to perform in the circus. I’m not saying they are being mistreated, but surely their treatment cannot be left only to the discretion of the circus owners?”
Can my outdoor spa land me in hot water with the body corporate?
“My wife and I recently moved into a sectional title unit. We used to have an outdoor spa at our previous house and would like to put one in again, but we are not sure what the rules of sectional titles schemes are when it comes to installing spa baths? Do I need permission or can I just continue?”
How must you manage an addict in your employ?
“I recently confided to my line manager that I have an alcohol problem. Soon thereafter the company sent out an email informing us that anybody caught drinking or smelling of alcohol at work would be subject to disciplinary proceedings. I know I have a problem and need help, but I am worried that the employer is getting ready to dismiss me. Can they do this?”
Who can park where in a sectional title scheme?
“In the sectional title scheme where I live there is constant fighting and arguing about who may park where and who is responsible for the maintenance of these parking spaces. My question is: who decides which parts of the scheme will be allocated for parking bays, who may use them and who must maintain them?”
Why you need custom T&C’s for your online business
“I’ve recently decided to launch an online business and I am setting up my website. My website developer has strongly advised me to look at proper terms and conditions for my website. I’ve always thought these were relatively standard but now it sounds like it must be quite specific. Is this true, or can I just copy terms and conditions from other websites?”
Must I procure from my Supplier Development beneficiary?
“About four years ago my company entered into an enterprise development agreement with a new BEE company starting up in our sector as part of our commitment towards BEE and enterprise development. In terms of our agreement, we provide them with support and even financial assistance and have helped them find their feet in our industry. Although we work closely with them, we don’t procure anything from them. Will this initiative be recognised under the revised Enterprise and Supplier Development element of the Amended BEE Codes?”
What to do to privately prosecute?
“In 2016 my son was assaulted in ‘n bar, however the state decided not to prosecute the particular person. Lately I’ve heard a lot in the news about private prosecution. How does it work?”
What to expect from the amended Agri-BEE Sector Code
“My business supplies fresh produce to a large retail food chain, who expects us to remain BEE compliant at all times. What impact will the recently amended Agri-BEE Sector Code have on my business and my ability to remain BEE compliant?”
New Competition Amendment Bill aims to overcome previous structural challenges
“We’re a BEE consortium that has been exploring opportunities to venture into the telecommunications industry. What is immediately apparent is that this sector is dominated by a number of larger players, which makes entry quite difficult. To what extent will the proposed amendments to the Competition Act create more scope for newer players like us?”
What safety requirements must my swimming pool comply with?
“I’m contemplating building a small swimming pool in my yard. I’ve heard that you are supposed to have your swimming pool fenced off. Is that true?”
Sectional title levy increases you can expect
“My body corporate has warned that due to recent changes in the sectional title legislation we should be expecting higher than normal levy increases. I live on a tight budget and this news has me very worried. Is it true that my levies will increase or is the body corporate just making this up?”
Pension interest and divorce
“I’ve been married for 20 years, but my marriage is in trouble and I’m facing the very real possibility that I may get divorced soon. My husband has a good pension that we’ve planned to use for our retirement, and I am worried that I will not be entitled to any share of that should we get divorced because we are married out of community of property with the accrual? Will this be the case?”
Could a sale of shares be subject to the National Credit Act?
“My company holds shares in a larger construction company worth about R5 million. I’m looking at selling my shares to an interested party that the construction company is also happy with. However, the party can only pay a deposit of R1,5 million and thereafter the remainder in monthly installments over a period of 18 months with an interest of prime plus 1%. My bookkeeper says I must be wary of falling under the National Credit Act. Could this be a possibility?”
The ‘when’, ‘who’ and ‘how’ of taking valid company resolutions
“I’ve purchased a shareholding stake in my dad’s family business. I’ve been part of the family business for some time but now I’m a shareholder and clueless as to the basics of how the company’s shareholders are supposed to take decisions. What should I know about company resolutions?”