News & Articles
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?”
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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