News & Articles
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others  ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the law of trusts in South Africa.
To address the continuing perception of tender corruption which has also been included as one of the reasons for South Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.
Buying or selling property is a significant step in any individual’s life, but when it comes to cohabiting partners, the process can be even more complex. Cohabitation, where an unmarried couple lives together, brings its own unique set of considerations when it comes to property transactions. In this article, we will discuss the essential aspects that cohabiting partners should consider when buying or selling property together.
Mediation has for a number of years been a viable option for litigants in the High Court to attempt to speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the Magistrate’s Courts and specifically includes mediation as an option for parties involved in litigation.
Converting or exchanging debt that is owed by a company into shares in that same company has long been used as a debt restructuring tool. There are, however, very fine lines that surround this solution and it needs to be structured correctly to ensure that no unintended tax consequences arise. In this article, we briefly highlight a few considerations in relation to such restructuring.
It is important for all trustees to take note that a Trust is regarded as a person in terms of the Income Tax Act and that it is the trustee’s responsibility to ensure that the Trust, whether active or passive, is registered for income tax purposes. The annual returns will not be as burdensome for a passive Trust as opposed to an active Trust.
In the 2023 national budget speech, Finance Minister Enoch Gondongwana unveiled a series of draft tax relief initiatives aimed at promoting renewable energy adoption among households and alleviating the burden on the struggling national power grid. These proposed tax relief incentives were published in the 2023 Draft Taxation Laws Amendment Bill (Draft Amendment Bill) which we briefly unpack herein.
With so much attention the last few years on corruption, tender fraud and unauthorised government procurement, a question that is frequently asked is to what extent our courts are allowed to become involved with government tenders and set them aside?
Can the body corporate of a section title reveal to owners that an employee has a criminal record for a serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?
More and more accountable institutions are being targeted by the Financial Intelligence Centre (“FIC”) for failing to comply with their duties under the Financial Intelligence Centre Act 38 of 2001 (“FIC Act”). But what can happen if you don’t comply?
How does the recently passed General Laws (Anti-money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) affect the proposed Nonprofit Organisation Amendment Bill of 2021 (“NPO Bill”) and what does it mean for non-profit organisations (“NPOs”)?
People generally rely on their doctor’s knowledge and expertise when it comes to making an informed decision about treatment or undergoing a procedure or not. This is a relationship of good faith and trust. Unfortunately, sometimes doctors get it wrong and fail to properly inform their patients of the inherent risks to a treatment or procedure. When does such failure amount to a lack of informed consent?
Closely related to the recent greylisting of South Africa is the passing late in 2022 of the new General Laws Anti-Money Laundering and Combating Terrorism Financing Amendment Act, 22 of 2022 (“Amendment Act”). The Amendment Act introduces several key changes to areas of law affecting trusts, companies and non-profit organisations in an attempt to tighter regulate these entities seen as prevalent to abuse for illicit criminal activities. Importantly for estate agents, changes have also been introduced to the Financial Intelligence Centre Act 38 of 2001 (“FIC Act”) which affects all estate agents as Accountable Institutions. In this article we take a quick look at some of the main Amendment Act changes estate agents must take note of.
For many owners of water rights, the confusion over the last few years about whether you can or can’t transfer these rights to another, has been quite frustrating. At last, the Constitutional Court has provided much-needed clarity and hopefully laid the issue finally to rest. In this article, we briefly review the position as it now stands.
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?