News & Articles
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?”
PAIA Manual
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?”
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?”