News & Articles
Do I have to tell my insurer about my lapa?
“I recently added a thatched lapa to my house. I have an open braai under the lapa. With the recent bad winds some coals were blown into the thatch and started a fire. I lost the whole lapa and part of my house due to the fire. I lodged a claim correctly with my insurer who has now informed me that they are repudiating my claim because I never informed them of the lapa addition to my house. Can they do this?”
How to change my ‘slow payer’ status
“I’m struggling to buy a car because I cannot get financing. I’ve had some financial problems which resulted in some of my accounts falling behind. All my debt is paid off at this point but my credit record shows that I am a ‘slow payer’. Is there any way I can have this removed from my record?”
More levies under the Community Schemes Ombud Service Act
“I am a sectional title unit owner. I’ve heard a lot of talk about new sectional title legislation on its way that will require me to pay more levies. Is this true?”
POPI and your business
“I have a small insurance brokerage firm with a number of private clients. To service my clients I have to obtain and keep personal information of them on file. Is POPI going to affect me and will I have to change the way I am currently dealing with my client information?”
Is it really out with the old and in with the new when it comes to BEE?
“I run a family business, and we have been blessed with steady growth mainly because of one big client. Although we support transformation, we’ve never really needed to obtain a BEE certificate. Our big client has now informed us that unless we obtain a BEE certificate, they will not be able to do business with us anymore. We want to comply, but we are unsure about where to start, particularly because it appears as if there is also a lot of uncertainty regarding the new BEE requirements on the way?”
Is an unsigned electronic will valid?
“My father recently passed away. His will was drafted by a financial planner who e-mailed the final draft to him, but which he never signed. We found the email with the will attached but no further correspondence or documentation between the financial planner and my father regarding the content of the will or his wishes. Is this will valid?”
Take it with, or leave behind? The complexity of lease improvements
“We’ve been renting a house for a few years. My wife and I had made several improvements to the house and garden. Now I’m being transferred and we have to move, but am wondering what’s to happen with all the improvements to the rental property. May we take it with us or does the landlord need to compensate us for it?”
No to my four legged friend?
“I’ve been living in a sectional title complex for about two months. I have a small Yorkshire Terrier that stays with me and remains inside my sectional title unit during the day when I’m at work. She doesn’t bother anyone and is always quiet. When I decided to buy my unit in the complex I heard that dogs were allowed. Now the body corporate has informed me that I don’t have permission to keep a dog and warned me to remove my dog. I understand that rules are rules, but is there nothing I can do?”
Can my body corporate give me a speeding fine?
“I live in a large sectional title complex. I enjoy living there, but some of the rules are getting a bit much. I’ve received a traffic fine in my levy statement for driving faster than the 35km/hour speed limit applying within the complex. Surely the body corporate cannot start issuing traffic fines within the complex?”
Can I inherit if not formally adopted?
“I have been raised as the only child by parents who are not my biological parents. Although I regard them as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?”
Commercial Mediation: It’s just good business
“My company is often embroiled in legal battles that end in expensive litigation and drag on for many years. Legal disputes are part of our business environment, yet it would be nice if we could resolve some of these disputes faster. I’ve heard about mediation, but am not sure if this would just be delaying the inevitable litigation to follow?”
Can donations tax be payable on a sale of property?
“I recently established a trust. I want to sell one of my properties to the trust by way of an interest-free loan with the trust owing me the purchase price of the property. However, I was advised that such an interest-free loan may give rise to donations tax. Is this so? Is there any way to avoid this?”
When are you legally married?
“My husband and I got married 11 years ago. I now want to get divorced, but according to the Department of Home Affairs we have never been married as they cannot find any marriage certificate. How is that possible? Did the minister not register it? What now?”
34 disabled learners graduate from the Phatshoane Henney Training Academy
The first 34 disabled learners graduated from the Phatshoane Henney Training Academy learnership programmes and received their graduation certificates at a graduation ceremony held in Randburg on 2 October 2015. This admirable achievement by these learners increases each graduate’s chance of being employed and earning an income.
Van der Merwe du Toit inc. BEE Verification Certificate
How to register a private company
“I have been approved to open up a small franchise business. The franchisor however requires that I run the franchise business in a private company and not in my personal name. Where must I start with setting up a company?”
Can you change your matrimonial property system?
“My husband and I were married in community of property many years ago. We now however feel that it would be better for the management of our family and separate business interests if we were rather married out of community of property. Can we change our marriage system to out of community of property?”
Do I have any say over that garnishee order that’s deducted from my salary?
“I had some financial problems a little while ago, with the result that I owed money. One of my creditors now has a garnishee order against my salary which my employer must deduct every month. I understand I must settle my debts, but the garnishee order leaves me with very little to take home to care for my family. Is there anything I can do?”
Can my traditional healer book me off work?
“I have been struggling with bad dreams for many weeks, causing me to sleep badly. Nothing seems to help and it is affecting my work. On advice of my mother, I eventually visited our family sangoma, a traditional healer, who informed me that I am experiencing callings from my ancestors and that I will have to be booked off work for three weeks to undergo specific training to help the dreams stop. I am very anxious to address this issue, but my employer is refusing to accept the sick note of the sangoma. Can the employer refuse this?”
Don’t let a lack of railings on your stairway be your downfall
“A plumber visited my new house to repair a water leak in my upstairs bathroom. He fell from the second story of my house and claims that he fell because I did not have stair railings. I have not yet had my railings installed as they are quite expensive and I am still saving for this. We have however been using the house for a few months without the railings and without incident. The plumber is now threatening to sue me for damages. Can he do this?”
Our strength in numbers is to your advantage
The Phatshoane Henney Group of Associated Law Firms is the largest association of law firms in South Africa. With 41 law firms and 55 offices spread across all nine provinces, the Group has a national footprint unmatched by any legal organisation in South Africa. And it is this size and scale that holds the key to greater value for clients.
BEE requirements as a condition to prospecting rights?
“My business partner and I have embarked on a new endeavour to explore the possibility of mining chrome on land owned by myself and some of our neighbouring farms. We have been advised that we need to apply for prospecting rights. We submitted our application, but have now been advised that our application cannot succeed due to the fact that we are non-BEE compliant. Is this legally correct?”
My son has been arrested… what now?
“I recently heard from a friend that her son had been arrested for drunk driving and that it had been quite a traumatic experience for the family to get their son released on bail. I have to admit I know nothing about bail and I am worried that I won’t know what to do to help my own child should he or she be arrested one day. How does bail work and what should I know? ”
New fathers – are they entitled to maternity leave?
“My partner and I, a couple in a registered civil union, are planning to have a baby, either through a surrogate or adoption. While this is very exciting, it is also stressful as there will be no traditional mother figure for the baby to bond with in the first few months, and both my partner and I have full time employment. Would either my partner or I qualify for ‘maternity leave’?”
Must I pay capital gains tax if I sell my house?
“I bought my house, which I’ve always lived in since buying it, for about R1 million in 2000, and on my auditor’s advice had it appraised in October 2001 for R1.1 million. Over the years I had about R200 000 worth of improvements done to the house. I maintained the house well and recently put it up for sale to move to a smaller townhouse. I now received an offer of R3.7 million for the house. However I understand that I might have to pay capital gains tax on the sale, and am worried about how much that may be?”
Should I be nervous when dealing with a trust?
“I was recently made an offer to sell my business. I was not really planning on selling but the offer sounded interesting. However, when I received the proposed offer I noticed the purchaser was a trust. I don’t know much about trusts and it made me nervous that a trust was involved as I’ve heard stories about having to be careful when dealing with a trust. Is this true, or am I being overly cautious?”
Is an employee settlement agreement bulletproof?
“My business recently had to pursue disciplinary action against an employee. This was a difficult decision and process but we eventually reached a settlement in terms of which the employee agreed to resign and concluded a settlement agreement to that effect. I thought the matter was put to rest but now I hear the employee is going to take us to the CCMA. Surely he cannot override our settlement agreement and do this?”
A shared philosophy that sets us apart
The Phatshoane Henney Group of Associated Law Firms have adopted a shared philosophy. This philosophy forms the foundation for what member firms strive for, and drives many of the group initiatives aimed at differentiating group firms from other law firms in their regions.
Public tenders and EME’s: Who will qualify as an EME?
My business has a turnover of around R6 million. I understand that companies under R10 million will qualify as an EME under the new BEE Codes and do not have to be verified. However a government official recently told me that for tender purposes the Preferential Procurement Regulations only recognises a company as being an EME if its turnover is less than R5 million. Is this correct and will I have to rate my business?
The previous owner did not pay. Can the municipality now cut off your electricity?
The municipality has notified me that it will disconnect my electricity supply because there are outstanding payments in respect of my property. However these outstanding amounts are not mine but belong to the previous owners from whom I bought the property last year. These accounts are nearly five years old! Can the municipality do this and cut off my electricity?