News & Articles
When does a prisoner qualify for parole?
“With a number of well-known persons recently having been convicted and then allowed out on parole a short time after being convicted, it does feel that somehow our justice system does not always apply the same standards to celebrities. How does parole work and when are you eligible for parole?”
Does my insurance cover damages due to public unrest and strikes?
“With all the civil unrest caused by striking workers, political rallies and student actions such as #feesmustfall, I was wondering whether insurance companies are required to pay out insured persons or companies whose property is damaged by these incidents?”
How will the Amended Property Sector BEE Charter affect estate agencies?
“I am the head of a small local estate agency. We are doing well and hope that our annual turnover will go over R3 million this year. I’ve heard that an amended Property Sector BEE Charter has been issued. What should I expect under this charter and has the threshold for qualifying as an EME been increased above R2.5 million?”
85 years of development
VDT has a diverse team of committed individuals who draw from our rich history. We have become a prominent Gauteng firm with a successful track record because of our dedicated team who understand what it takes to deliver the best results.
POPI and the transfer of personal information outside of South Africa
“I operate a local travel agency that primarily books overseas vacations and travel arrangements for clients. This process involves making arrangements with overseas businesses, such as restaurants and hotels. Am I correct when is say that POPI will have an impact on my ability to transfer personal information of my clients to other countries? What will my obligations be in this regard?”
Can I be held ransom with a rates clearance certificate for future municipal debts?
“I’m in the process of selling my house. When I requested a property rates clearance certificate from my municipality they requested me to pay the estimated rates until the end of their financial year, which would be months after my house has been transferred to the new owner. Surely I can’t be held ransom for these future rates just because I need a rates clearance certificate?”
Copyright Amendment Bill: Unsound proposals in relation to sound recordings
“I am a musician and own a number of my sound recordings which I have independently produced and manage. I’m troubled by the latest Copyright Amendment Bill which now seems to require me to join a collecting society if I want to ensure that my sound recordings are played on air by radio stations. Is my interpretation of the Bill correct?”
How binding is a social media announcement?
“I recently responded to a Facebook post of a breeder selling puppies. I messaged the breeder, indicating that I wanted one of the puppies and would pay the price. We communicated through Facebook and agreed on a date for me to pick up the puppy and pay the price in cash. When I went to pick up the puppy, the breeder told me that all the puppies had been sold. He said that because there was no contract and we were just messaging he had sold it to someone else on a first come basis. Surely he couldn’t just sell the puppy to someone else?”
Is an automatic termination clause in an employment contract valid?
“I’ve been appointed by a security company as a security officer. I did not disclose the fact that there is a pending criminal charge against me, because I have not been found guilty yet. However, the company picked up the pending charge and has now dismissed me based on a clause in my contract which states that my appointment is subject to me receiving a positive background screening result. Can they just do this?”
Can a surety be released by the prejudicial conduct of a creditor?
“I agreed to stand surety for my brother-in-law in one of his business deals. He however failed to meet his obligations and the creditor sold off his beach house on an execution sale. However, the house was sold in my view for far less than it was worth and now there is a shortfall which the creditor wants me to stand in for. If they had sold his house for its full value, there wouldn’t be a shortfall. Surely I can’t be held responsible for the shortfall?”
Demystifying the executor in a deceased estate
During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and liabilities will form part of a person’s estate. At the death of that person, his/her deceased estate must be administered, in other words, divided, distributed and controlled by someone. This person is called an executor.
Is surrogacy allowed in South Africa?
“Because I am medically unable to give birth to a child, my husband and I have talked about the option of surrogacy. We have discussed it with my sister and she has said she is willing to consider it. We’ve not yet spoken about costs or payment for her to do this, because we’re not sure whether surrogacy is allowed in South Africa. Is surrogacy an option we can consider?”
A strange thing called servitude
“I applied to my municipality to have the building plans for the extension of my garage approved. The municipality rejected my proposed extension on the grounds that it would be constructed over a servitude registered against my title deed in favour of the municipality. What is a servitude? Can I have it removed?”
New FICA requirements for accountable institutions
“My business qualifies as an accountable institution under the Financial Intelligence Centre Act. There has been a lot of talk in the news about the new Amendment Act being signed but not a lot of detail on how it will affect my business. Will it be business as usual or are there changes I should be aware of?”
Opportunities under the new Forestry Sector BEE Code
“I have a small black-owned business providing timber and poles to contractors and supply shops. I understand that the new Forestry Sector BEE Code is aimed at creating more opportunities for businesses working in this sector. Is this so?”
Capital gains tax paid on monies not received? What can you do?
“I have a few investment properties in my property company. One such property I purchased in 2002 for R200,000 and subsequently sold in 2013 for R3,500,000. My company paid income tax on the capital gain as though I received the full R3,500,000. However by 2016 I had only received R1,500,000 when the other party fell bankrupt, leaving me without the full purchase price. SARS refuses to pay back the amount I overpaid, and I now have a huge capital loss in the company. Is there anything I can do?”
Where to start with a micro-brewery
“I’ve seen quite a number of micro-breweries popping up around South Africa. If I wanted to start such a brewery, where would I start?”
Can I enforce a settlement agreement to see my children?
“In terms of the settlement agreement with my ex-husband, which was incorporated into the court order, the children reside with him and I am entitled to regular contact. My ex-husband however now does not allow me to see the children or let them spend weekends and holidays with me. How can I enforce the settlement agreement?”
POPI on the horizon – the do’s and don’ts of direct marketing
“I operate a cash loan business and in order to attract new clients we hand out flyers and send SMS’s and e-mails to individuals whose contact details we obtained from a third party. Will I be able to market my services to potential clients once POPI comes into operation?”
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.