News & Articles
Reaping the benefits of empowering your employees
“I am the owner of a construction business. In our industry skills development is very important and I invest where possible in training my staff. I understand that if I allow my staff to take up learnerships through my company there are certain tax benefits that I can use to help cover the costs of the learnerships. Is this correct?”
Application of the National Credit Act to property instalment sale agreements
“A buyer is interested in buying my flat. Her bank is not prepared to give her a loan because she is paying off a few personal loans, but she is prepared to enter into an instalment sale agreement to pay the purchase price in instalments over a period of time, much like a rental. I like the idea of at least getting a monthly income, but I am worried whether I can do this and charge interest on the instalments, particularly as it will take a few years for her to pay the price in full?”
How to quieten that barking dog?
“My neighbour’s two dogs have been barking incessantly the last few days at all hours of the day and night. My wife, our toddler and I have not been able to sleep and its taking its toll on us personally and at work. Is there anything that we can do legally?”
When will my petty theft record disappear?
“I have recently completed my tertiary education and I am now looking for work, but I can’t get any because I have a criminal record. The record was for petty theft that I commited more than ten years ago and for which I received a R500 fine. Can my criminal record be removed?”
Take note of the New Construction BEE Codes
“I own a construction company which is heavily reliant on state tenders. I understand that new construction BEE codes are coming soon. I am worried about these new codes as the old construction codes had many provisions that my company found difficult to comply with. Will this be the case again? What should I be on the look-out for?”
Is it really farewell to that pesky salary attachment order?
“I have read a recent article that says that due to a recent court judgement, salary attachment orders are no longer allowed. Is this correct and does that mean that the order against my salary is no longer valid?”
Don’t forget about the gas certificate when selling your house
“I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is saying I need to get a gas compliance certificate for the gas appliance. Is this necessary, and should the buyer not be responsible for this?”
Is the ‘indemnity’ still alive and well?
“Over the last few years I have read a number of articles that talk about the new Consumer Protection Act and how it provides protection for me, the consumer. Yet, whenever I visit a shopping centre or sign an in-store agreement, I always wonder whether these disclaimers and indemnities are really enforceable, and if so, how has my position as a consumer, been improved by such legislation.”
What must my attorney keep confidential?
“I have an appointment with an attorney to obtain legal advice on my business and its structuring. I will have to share certain confidential information with regards to my business with him. Does this fall under the protection of attorney-client privilege?”
New procurement regulations will change the tender environment
“My business is heavily dependent on government tenders. I have heard talk of new tender regulations that are coming that will have a dramatic impact on the tender requirements. Is this true?”
Is sequestration the end of the road, or is there relief?
“I recently read about a well known sportsman being sequestrated. Does it necessarily mean it’s the end for him, or will his debt simply be written off so he can start over?”
Can my husband also be my business partner?
“My husband and I are married out of community of property and without the accrual. For the last ten years we have both worked together in our family business. Due to health reasons, my involvement in the business is becoming less. Our marriage is also upon difficult times, and I am concerned that should we end up in a divorce, whether I would be entitled to share in the profits of the business which we have built up together.”
What to do in case of illegal building by my neighbour?
“My neighbour has recently started building a new double-storey extension to his house which has dramatically impacted on my view as I now look directly into the back of his double storey from my main living area. I was not aware that he would be building and am worried about what this could do to the value of my house. Is he allowed to just build?”
What is so special about a Special General Meeting for a sectional title scheme?
“I have been appointed as a trustee for our new sectional title scheme. I understand the requirements for calling an annual general meeting, but I am a bit worried about when we should hold special general meetings in the scheme. I just don’t what to make a mistake.”
Can I be dismissed without a disciplinary hearing?
“I was recently fired as a manager of a retail company. The company held me responsible for stock theft that happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any warnings or a disciplinary hearing. Surely, I should at least have had a chance to give my side of the story.”
May I get time off from work to breastfeed?
“I recently gave birth to a baby boy. I want to breastfeed my son, but being back at work is making it very difficult for me to breastfeed as our breaks are quite short. May I ask my employer for more time during the day to breastfeed, or is that not allowed?”
Want to sell a portion of your farm? Don’t count your chickens before you have consent
“With the continuing drought I can no longer afford to run my entire farming operation and would like to sell off a portion of my farm. However, as I understand it I may not subdivide my land. What is the legal position, and is there any manner in which I can do this?”
What to do when your new second-hand car turns out to be a ‘lemon’
“I bought a second-hand car from a dealership about three months ago. The last week I’ve noticed that the engine sounds terrible. I asked a mechanic to have a look at it and according to him the engine is shot and needs a complete overhaul, which will be very expensive. The dealer said nothing about the engine being in such bad shape. But it is a second-hand car, so I’m not sure if I can return it or have the dealer fix it properly?”
Is an online sale agreement for a house valid?
“I am in the process of purchasing a house. I recently bought my vehicle by merely signing some online documentation electronicially and it was so quick and easy to complete. I asked my estate agent if you can use the same technology to purchase a house, but he said that the contract won’t be valid if I sign it electronically. Is this true?”
Even small credit providers must now register with the National Credit Regulator
“I have a small informal money lending business. A friend told me that she has read that even small credit providers lending money must now register with the National Credit Regulator. I hardly lend more than R200,000 per year, and have not had to register in the past. Is this true?”
Even small credit providers must now register with the National Credit Regulator
“I have a small informal money lending business. A friend told me that she has read that even small credit providers lending money must now register with the National Credit Regulator. I hardly lend more than R200,000 per year, and have not had to register in the past. Is this true?”
What you need to know about the new BEE Regulations
“I see in the news that new BEE Regulations are now in force. It there anything I must be aware of for my business?”
Co-ownership. Is it for life, or can I get out?
“I am a co-owner of a property together with a friend. For a number of years I have been trying to convince him that we should sell the property, but he keeps refusing. I just don’t see the value of keeping the property anymore. Is there any way I can force him to sell?”
How to protect your ‘big idea’
“I was interested to read about the recent “please call me” case where it was found in favour of the inventor Mr Makate against Vodacom. It got me wondering as to how I can protect my own ‘big’ idea and what exactly can be protected by law?”
Beware of the dangers of prescription
“I lent money to a business partner nearly 3 years ago when he was in a bit of financial trouble. It wat not a massive amount, so I did not press him for the money. He recently won a big contract and I know things are going better with his business. When I asked him to pay back my loan, he refused and said that my claim had prescribed so there was nothing I could do and he was not going to pay it back. Surely this cannot be the case?”
Fair or not: a higher wage for longer length of service?
“Some of my colleagues at work earn more than I do although we hold the same positions and do the same work. I even feel I work harder than they do. The only difference is that they have been working for the company for longer than me. Surely it can’t be fair that I earn less for doing the same work only because of how long I have been with the company?”
Once empowered, always empowered?
“I own a mining company. In 2005 we sold a 26% stake in our company to a black entrepreneur in order to meet the requirements of the Mining BEE Charter. The same partner recently decided to sell his shares back to us, which means we have lost our BEE ownership. I have however heard of the principle of ‘once empowered, always empowered’ applying in the mining sector. Is this true and will my company still be recognised as having BEE ownership?”
Phatshoane Henney Group spends over R50 million on BEE and transformation
The Phatshoane Henney Group, South Africa’s largest association of independent law firms, has just released its first Group Transformation Report to benchmark the impact of the Group on transformation in the country’s legal sector, notwithstanding the continuing absence of a clear legal sector BEE Charter.
Phatshoane Henney Group of Associated Law Firms: Transformation Report for 2015
Be extra careful with children in your care
“My son got hurt at school when a steel post holding a newly planted tree upright, punctured his leg while he and his friends were playing on the school grounds. The school denies any negligence and feels that my son should have kept a sharper eye on possible dangers. Is the school liable, or is my son alone responsible for his damage and injuries?”