News & Articles
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?
Be wise and review your will regularly
I have a will which my wife and I had jointly drawn up by a friend just after we were married. I think the will is still ok, but I am not sure. We have three children now and I’m worried what will happen to them should my wife and I pass away or even be divorced. Should I let someone have a look at my will?
Consumer complaints can no longer be ignored
I recently bought ready-mix cement at a chain hardware store. I followed the instructions carefully in mixing the cement, but when I started pouring it the consistency was clearly not right and it would not set. I went back to the hardware store to complain that the cement quality was unsatisfactory, but the store clerk said he couldn’t help me and that I must write a letter to the store with my complaint and attach photos, which I then did but have still not heard from them. Surely they are required to respond to a written complaint and cannot just ignore me?
When must I retire?
I am 59 years old and have been working for nearly 20 years at the same company. The office manager recently told me that I will have to retire when I am 60 as that is the age everyone retires from the company. I had heard that most people retired at 60 but was hoping that I could stay on till 65. Must I retire at 60 or am I allowed to continue working till I am 65?
My mother’s sick. Can I manage her personal affairs?
My mother has been living with Alzheimer’s for a number of years. She has always been very independent and insisted on managing her own affairs even after my father passed away. Unfortunately of late, she has deteriorated very badly, to the point where I am very concerned about her financial situation and her care. I know my father left her some money, and I want to make sure that this money is correctly used for her care. But am I allowed to take over control of her affairs?
BEE and Employment Equity: Birds of a Different Feather?
Employment Equity is governed by the Employment Equity Act (“EEA”) which has as a main objective the implementing of affirmative action measures to redress the disadvantages in employment experienced by designated groups and ensure their equitable representation in all occupational categories and levels in the workforce. Designated groups are defined in the EEA to mean Black people (a generic term which means Africans, Indians and Coloured persons) as well as all women and people with disabilities. This includes white women and all white persons with disabilities in the beneficiary base of Employment Equity. The EEA does not apply to all employers but only to Designated Employers based on criteria such as number of employees and annual turnover of the business.
Investing in our human capital
Each firm in the Phatshoane Henney Group recognises that its staff are its most important asset and understands that to deliver the highest quality in service, you must not only have the best but also look after them in the best way. The result is a set of group standards aimed at high staff satisfaction rates through serious investment in firm staff, ensuring that ulitmately member firms are seen as the employers of choice.
Phatshoane Henney Training Academy enrols 100 disabled persons in learnership programmes
As part of the commitment to socio-economic development, the Phatshoane Henney Group of Associated Law Firms established the Phatshoane Henney Training Academy in 2014 as a joint venture project with accredited training provider LFP Group Holdings. The intent thereof is to utilize funding leveraged from firms in the Phatshoane Henney Group to fund formal accredited learnership programmes for black disabled learners – and so help address dire skills shortages within our country, and in particular amongst disabled persons. To date the success of the Phatshoane Henney Training Academy has far exceeded the initial expectations, enabling the enrolment in just over one year of the 100th disabled black learner in a formal accredited learnership programme.
The abuse of trusts in case of divorce: know your rights!
The general nature of a discretionary trust is to exist separately from the donor, with the trustees owning and managing the trust assets to the benefit of the beneficiaries of the said trust (in their capacity as trustees acting in a fiduciary relationship). The assets that have been donated or sold to the trust are legally owned separately from the donor and the trustees’ personal estate and accordingly do not form part of the personal estates of the donor or trustees. These assets are kept, owned and managed on behalf of the discretionary beneficiaries. These are the core principles which the majority of people who establish trusts, are familiar with.
Commercial Mediation: The long-awaited arrival of mainstream mediation
ABC Grocers has an agreement with Joe Fruit for the supply of apples to ABC Grocers for a year. When the first delivery of apples arrives from Joe Fruit, they are over-ripe and cannot be sold. The second and third batches are no better. ABC Grocers refuses to pay Joe Fruit for these deliveries arguing that the quality was unacceptable and that his company had suffered damages from clients wishing to purchase apples which he could not supply because of Joe Fruit’s failure. Joe Fruit insists that ABC Grocers cannot withhold payment and threatens legal action. ABC Grocers does not want a lengthy litigation process and as a well-known community store wishes the dispute to remain out of the eyes of the media. But what solution besides litigation is available to address this dispute?
Has the bell tolled for broad-based ownership and employee trusts?
The Department of Trade and Industry (DTI) published a notice on 5 May 2015 where, in a move that raised concerns across the entire business sector, it was announced that Broad-Based Ownership Schemes (BBOS) and Employee Share Ownership Programs (ESOPs) will only contribute a maximum of three points to the total BEE scores of companies which implement such solutions after the date of the announcement. In light of the flood of criticism that followed this announcement, the DTI published a retraction on 15 May 2015 – and although wholly retracted, it came with a warning.
Can landlords switch off your electricity?
You’ve just gotten home on a cold winter night and plan to sit snuggly in front of your heater watching a movie, when you realise – no electricity! Used to load shedding, you opt for a nice warm bath. But, alas the water is already cold. Infuriated, you pull out your phone to call your friend to complain about the state of affairs, when you notice the sms from your landlord informing you that he has cut off your electricity because you are in arrears with your electricity bill. But can he just do this?