News & Articles
Lighting up fire danger ratings
Fire danger ratings are often displayed on weather news, and in our South African winter where wildfires can often run rampant, it is of particular importance to take note of these fire danger ratings. This article explores the necessary precautionary steps to take in response to these fire danger ratings.
Mediation – a go-to option for divorcing couples
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.
Outstanding charges, body corporates and sales in execution
Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.
Businesses, body corporates, and the right to electricity
Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to pay its service fees to the municipality?
Stoners may be exempted from zero-tolerance policy
With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.
Trustee responsibilities have become even heavier
The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.
Where does director liability end?
The actions of a company director are often seen as the actions of the company, leading to the perception that where a company has potentially caused harm or damage at the direction of its directors, the directors are automatically liable for such loss or damage. Our Supreme Court of Appeal recently had occasion to consider this position and when directors can be held liable.
Electric vehicle tax incentives hold business opportunities
A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines.
When is the National Credit Act applicable to a credit agreement?
The purpose of the National Credit Act, Act 34 of 2005 (“NCA”), is inter alia to promote and advance an effective and accessible credit market and industry, and to protect consumers.
Can a minor validly enter a contract?
Many people are aware that minors have a ‘limited’ capacity when it comes to legally binding themselves and entering contracts, however, the circumstances in which a valid contract can be concluded by a minor are less commonly known.
An Effective remedy in difficult times: curatorship appointments
The decision to place someone under curatorship can be a difficult and emotional one, both for the person being placed under curatorship and for their loved ones who are more often than not the people having to decide to take the required action.
Unfair dismissal? Your rights during business rescue
Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.
Body corporates and access to information. What are the rules of engagement?
Unit owners in a sectional title may from time to time feel that the body corporate is not managing the scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?
The taxes applicable to a deceased estate
When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.
Be careful not to let your medical negligence claim prescribe
Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say.
Law and technology: can an oath be commissioned virtually?
In a recent Judgment in the South Gauteng High Court, it was decided that the law pertaining to the administering of the oath is wide enough to be interpreted to allow a Commissioner of Oaths to commission an affidavit virtually.
Legal change: South Africa recognises Muslim marriages
In the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others 2022 (5) SA 323 (CC)), the Constitutional Court found that certain provisions in the Divorce Act 70 of 1979 (“Divorce Act”), as well as the Marriage Act 25 of 1961, were inconsistent with the Constitution. These provisions failed to recognise marriages solemnised in accordance with Sharia law (Muslim marriages) as being valid for all purposes in South Africa.
Why social media disputes can be a Pandora’s box
Social media sites and the use of these sites for personal and business use are accepted in today’s digital world. For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?
When must I pay my increased sectional title levy?
Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases levies? When does the unit owner become responsible for paying such increased levies?
To extend or offend: Can you extend your sectional title unit?
Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.
Jail time and heavy fine for skipping child support payments
In a recent judgment handed down in the Free State High Court wherein PH Attorneys acted for the Applicant, the Respondent was found to be in contempt of court for not paying his maintenance obligations in terms of a court order and was sentenced to 6 months direct imprisonment suspended for 3 years.
International: Privacy by Design – prioritizing security in business
In today’s current digital space, safeguarding privacy and ensuring that your business is compliant with the various cyber laws and data privacy regulations is crucial to ensure that business operations are well protected. In this article, PR de Wet and Mishka Cassim, from VDT Attorneys Inc., seek to address some of the most important issues companies face and need to consider on a global scale when addressing privacy concerns.
South Africa: POPIA and prior authorisation to process personal information
The Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) requires a responsible party to apply for and obtain authorisation prior to processing certain identified categories of personal information. With POPIA compliance deadlines fast approaching PR de Wet and Hayley Levey, from VDT Attorneys Inc, analyse the POPIA prior authorisation regime.
South Africa: The role and liability of an operator under POPIA
The Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) defines a number of different persons who may either, in the circumstances, be involved in and/or responsible for the processing and protection of personal data or alternatively, are the persons to whom such personal data relates.
South Africa: The development of codes of conduct under POPIA
The effective date for South Africa’s data privacy law, the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) is fast approaching and in anticipation of D-Day (1 July 2021), organisations need to address their compliance requirements to avoid possible penalties. PR de Wet and Hayley Levey, from VDT Attorneys Inc, provide an overview of what codes of conduct are and the benefits of subscribing to a code of conduct, following Information Regulator’s recent publication of Guidelines to Develop Codes of Conduct, Checklist for Submission of Application for Approval of a Proposed Code of Conduct, and Standard for Making and Dealing with Complaints in a Code of Conduct.
South Africa: The role and responsibilities of the information officer under POPIA
By now the news of the commencement date (i.e. 1 July 2020) for the Protection of Personal Information Act No. 4 of 2013 (‘POPIA’) has done the rounds and most persons who are required to comply with POPIA’s provisions are now in the midst of either implementing or updating their compliance frameworks to ensure that by the time the grace period ends and POPIA’s provisions become enforceable, on 1 July 2021, they can reasonably show the Information Regulator (POPIA’s supervisory authority) that their processing activities are compliant with POPIA’s conditions. Arguably, one of the key areas to address in POPIA compliance is the role of the information officer. PR de Wet and Hayley Levey, Director and Associate respectively at VDT Attorneys, outline the key compliance considerations with respect to the appointment and role of the information officer under POPIA.
South Africa: The Cybercrimes Act, its relationship with POPIA, and compliance
During December 2021, the South African President signed the Cybercrimes Act, 2020 (Act 19 of 2020) (‘the Cybercrimes Act’) into law. This legislation is the first in South Africa to consider cybercrimes explicitly, and forms part of South Africa’s growing legislative framework on data management. But what impact does the Cybercrimes Act have on organisations operating in South Africa? In this Insight, the first on the topic of cybercrimes, PR de Wet and Davin Olën, from VDT Attorneys Inc, provide an overview and unpack how the new legislation slots into the existing South African regulatory universe, with specific reference to the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’). The article also provides an overview of the applicable business processes which South African companies would need to consider in ensuring compliance with the Cybercrimes Act.
South Africa: Cloud regulation and POPIA – what remote computing services need to know
While cloud services had seen small-scale uptake within South Africa prior to 2020, the national working environment was fundamentally challenged by the onset of lockdown regulations following the COVID-19 pandemic. As staff members were required to stay at home, many organisations were obliged to shift their data onto cloud platforms for staff members to continue working. In many instances, this emergency operational modification did not consider the legislative implications of data migrations and, following the relaxation of lockdown regulations, companies have been forced to consider the risk and compliance aspects of their migration.
South Africa: Processing of children’s personal information in the modern age of technology
Sections 34 and 35 of the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) deals with the processing of children’s information. PR de Wet and Jako Fourie, from VDT Attorneys Inc., provide a brief overview of the aforementioned sections and requirements with specific emphasis on the higher degree of protection afforded by POPIA with regard to the processing of personal information of children. As a first in a series of articles to follow, this article will explain some practical implications for valid consent being one such requirement, especially in relation to the modern technical age that we find ourselves in today.
South Africa: AI and data privacy regulations – the complexities of AI technologies and processing personal information
There have been radical developments in various artificial intelligence (AI) models, with ChatGPT being the most prominent. ChatGPT serves as a language-based AI chatbot that uses a set of techniques referred to as deep learning that has continuous learning capabilities. As a result of these revolutionary AI developments, businesses have acknowledged the valuable insights that AI platforms can provide. It facilitates the generation of contracts, marketing content, CVs, articles, essays, and much more. It does so by gathering and processing data sourced from the internet, encompassing large sets of data derived from books, articles, and other online resources. PR de Wet and Jako Fourie, from VDT Attorneys Inc., examine the impact of POPIA on AI developments, with a specific focus on the processing of data by automated means through AI.