News & Articles
Can my child become an Aussie without daddy’s consent?
“I am recently divorced. I want to permanently relocate to Australia with my two minor children as I have obtained a wonderful work opportunity which will benefit myself and my children tremendously. However, my ex, the father of my two children, refuses to give his consent, despite the fact that the children reside with me. Do I need his consent to take them with me?”
Help! My competitor is stealing my customers!
“Just over two years ago I purchased a brand agency and included a restraint of trade clause in the sale agreement preventing the seller from also opening up a brand company in the same region. Now just over two years later, the seller has opened up another brand company in direct competition to me and is actively canvassing my clients to move to his company. I paid him for his company and now he is trying to take away my customers. Is there anything I can do to stop him?”
Landlords and tenants, take note of the Rental Housing Amendment Act
“I am the owner of a number of properties which I let to tenants. I understand that the Rental Housing Act has been amended. What are the implications for me as landlord and my tenants?”
Reviewing the new draft Mining BEE Charter
“I own a small mining company. One of my colleagues in the industry told me that a new draft Mining BEE charter has been published. Is this true? It so, what are the main elements of this new draft charter and how will it affect my business?”
Credit agreements: You must get a notice before being sued
“I received a summons today from a credit provider that gave me a personal loan. I admit that I have missed a payment or two on the loan, but did not think that I was that far behind. Surely they must at least have called me or written a letter asking me to pay up before running to court? It’s not even a big amount outstanding and now I may have to pay legal costs as well.”
Why must I, the purchaser, pay the transfer fees, but the seller can choose the attorney?
“I’m buying my first property. I’m quite nervous about everything and a friend of mine who is a conveyancer said she would help me with the transaction. However the seller is refusing and insisting that his attorneys must do the transfer. If I am the one paying the transfer fees, surely I should be able to nominate the attorney to do the transfer?”
If I am not listed in the share register, am I the owner of the shares?
“I bought shares in a company a few years ago and was provided with a share certificate. I recently attended a shareholders’ annual meeting and was told that I am not allowed to vote because I was not listed in the company’s share register. Does that mean that I don’t legally own the shares and that I have no rights as a shareholder?”
Why was President Zuma’s case heard in the Constitutional Court and not the Supreme Court of Appeal?
“I’m sure all South Africans have followed the Nkandla case in the Constitutional Court with great interest. I was just wondering why the matter was heard by the Constitutional Court directly and not by the Supreme Court of Appeal, like the Oscar Pistorius case?”
Impact of the Revised Marketing, Advertising and Communication Sector BEE Code
“I own a marketing company where we do everything from designing websites, running social media campaigns, media advertising and brand development for clients. I understand there are new BEE regulations which I must comply with. How will this affect my business?”
What shares can my company have?
“I want to set up a private company for my business and have an investor that is interested in providing some seed capital but asked for preference shares in return. I’m not quite sure though what the difference between a preference share and an ordinary share is. Can I lose control over the company if I give him preference shares?”
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Am I really responsible for the municipal debts of a previous owner?
“I bought a house a few months ago. The municipality issued a rates clearance certificate to the seller and the property was transferred in my name. When I recently queried a high water account with my municipality, the municipality responded by saying that there is still quite a large arrear debt against the property and that unless I pay they will take steps against me to collect and even sell my property if necessary. Surely this can’t be lawful?”
Rain is a blessing but not through the roof of my new house!
“I recently bought a beach house at the coast and we had our first stay there this long weekend. Much to my dismay, we discovered that rainwater leaked extensively through the roof into the house. I asked a local builder to fix the problem, but he advised me that this was not just a quick patch job but would be pricey given major structural problems with the roof and an inadequate roof pitch. The seller never mentioned anything of these problems and I only became aware of this when it started to rain. What can I do?”
Limitation of the Right to Privacy on Social Media
“My business partner managed to get hold of my Facebook password without my knowledge. I’m unhappy with the running of the business and have been talking to clients on Facebook about moving to a new business which I want to start. I never gave him my password and said the things on Facebook in private. Surely he can’t use this information?”
Can I do as I please with deposits received from my tenant?
“I have a small block of flats that I lease out to tenants. I always insist on a deposit to cover tenants that skip out on the final lease payment or cause damage to the property. I always invest the deposits in a savings account and in general return the deposits to the tenants. Recently a tenant wishing to terminate his lease approached me and asked for his deposit back including all interest earned thereon. I have never had such a request. Do I have to return the full deposit and interest to him?”
Black or blue…? Or red for a bit of variety!
“I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a blue of even red or green pen? Is it invalid?”
Draft BEE regulations will impact on licences and concessions
“A friend mentioned that getting a licence is going to be more difficult in future because of new changes to BEE regulations which will affect all applications for licences and concessions. Is this true?”
Van der Merwe du Toit inc. BEE Verification Certificate
Divorcing a spouse living abroad
“My husband and I have been married for more than 10 years. Our marriage has deteriorated over the last few years with my husband living abroad for more than two years now. I believe the time has come that we get divorced and continue with our lives separately, but I’m worried about how this will work with him not living in South Africa anymore?”
Can I change my tenant’s locks?
“I’ve been leasing a small townhouse to a young tenant. Unfortunately, the tenant is terrible at paying his rent and offers excuse after excuse. I’m fed up with the situation and just want him out. Can I change the locks when he is at work?”
All about the new tourism BEE charter
“I run a conferencing facility. My corporate clients are increasingly starting to pressurize me to obtain a BEE certificate otherwise they cannot continue to make use of my facilities. I understand that my business falls within the Tourism Sector BEE Charter. What does this mean and what must I do to get a BEE certificate for my business?”
Incorrect pricing on online stores?
“I recently bought a computer from an online store for R499.00 but now the store is refusing to send me the computer because they say the price was wrong and it should have been R8,499.00. Surely they must send it to me if they advertised R499.00 on their website and I paid for it?”
Can a liquor licence constitute property?
As we all know there are some things in life that are quite obviously property, such as pieces of land, and other physical objects like a car, a boat, furniture etc. However, when it comes to more abstract interests it’s not that simple nor certain. Recently a perfect example in this regard has occurred in South African law.
How to regulate employee social media use
“Recently one of my employees posted a number of defamatory comments via her various social media platforms regarding some of her colleagues. I have already addressed the matter with her individually, but would like to prevent issues like this cropping up in the future and also protect my business. Most of my employees are on various social media sites and my business also has various social media accounts. Is there anything I can do?”
Should I down tools on the current construction sector BEE codes or not?
“I own a mid-sized construction company and the end of my financial year is fast approaching. My auditor has advised me to make any BEE expenditure I wish to make before the end of my financial year. I’ve been following BEE developments in the construction industry and have noted with concern that the the deadline for submission of a new Construction Industry BEE Charter has been missed. Now I’m unsure as to which codes I must use for my BEE planning and any BEE expenditure I still need to make before the end of my financial year.”
Must I pay a special sectional title levy?
“I am considering buying property in a sectional title scheme. The estate agent mentioned that a normal levy will be payable every month but the trustees of the body corporate of the scheme have the authority to determine a further special levy from time to time. I was aware of the normal monthly sectional title levy, but what is a special levy?”
Alcohol (mis)use at work functions
“At our recent work function for company staff at a private outside venue, a few of the staff members had too much to drink and became loud, inappropriate and even offensive, to the point where a number of the other staff members left the function early. Afterwards a number of staff complained to me about the conduct of these staff members. How do I manage this and avoid similar situations arising at the next function?”
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Harassing your social media harasser!
“About a month ago a person started sending me inappropriate e-mails and posting lewd comments and messages on my Facebook and Google Plus pages. I’ve tried blocking the person and telling them to stop, but he or she keeps changing their email address and user profile and keeps coming back. I don’t even want to look at my phone or computer anymore. Is there anything I can do?”
Dividing your business for BEE purposes
“I have heard that in terms of the new BEE Codes an entity with a turnover of under R10 million will qualify for an automatic level 4 BEE certificate and does not have to undergo verification. My company currently has two divisions with a combined turnover of around R12 million. Can I split my company into two separate businesses with each part having a turnover of less than R10 million?”