News & Articles
Can you cancel a contract by email?
Your agreement is signed, sealed and delivered! You know that in the agreement a non-variation clause stipulates that no variation or consensual termination of the agreement shall be of any force or effect unless in writing and signed by both parties thereto. This clause seems simple enough…. If you want to cancel the agreement, all you have to do is ensure that it is in writing and signed. What can possibly go wrong?
Oral variations of an agreement – are they valid?
You decide to rent a cottage from a friend and live in his backyard for a year or two. You both agree that it would be wise to enter into a lease agreement and have the necessary agreement drawn up. Everything goes well until the monthly rental increases as per the agreement. You discuss the situation with your friend who agrees to waive the increase verbally. But is this sufficient and can you legally rely on his word only?
Better position for Muslim women in customary marriages
Schuaib and Faheema were married in 1988 in accordance with Muslim rites. At the time of their marriage, Schuaib was already a spouse in a pre-existing civil marriage with his first wife Nadia. Faheema is a housewife and has no income, she relies solely on Schuaib to maintain her and the household. Faheema is afraid that if she divorces Schuaib she will have no claim to maintenance or proprietary relief as marriages that are concluded solely according to Muslim rites are not legally recognised in South Africa. What can Faheema do?
Prioritise Ownership or be levelled down
In the past, many companies with a turnover of under R35 million were able to avoid having to transform their Ownership. However, with the Amended BBBEE Codes of Good Practice (Amended Codes) coming into effect later this year, these companies will have to rethink the importance of meeting their BEE targets with regards to Ownership.
Can failing a polygraph test be grounds for dismissal?
A polygraph test, popularly known as a “lie detector test”, is a device that captures basic types of psychological data – usually differential blood pressure, heart rate, respiration rate and skin conductance. A person being examined by the use of this device will typically fear being ‘caught’ lying and his body will react reflecting that fear, which reactions are then captured by the polygraph test. But can ‘failing’ a polygraph test constitute grounds for dismissal of an employee?
The company you (don’t want to) keep: When shareholders won`t share anymore
Entering into any business venture is fraught with challenges, risks and, hopefully, also rewards; but what happens if somewhere along the line the shareholders of a company no longer get along and want to call it quits? Can a solvent company be wound up if the shareholders don’t get along?
Deadline for New BEE Codes looms
With the amended BEE Codes of Good Practice (New Codes) becoming effective in May this year there may be a tendency for many businesses to postpone dealing with the implications of the New Codes until after they have become effective. What many businesses may not realize is that their deadline to get everything in order for their first BEE rating under the new Codes could be less than a month away.
Must an employer accept that medical certificate?
Abuse of sick leave by employees is a pandemic that affects many employers. Most employers have experience of employees staying away at the drop of a hat and then submiting a very dubious medical certicate as evidence of their indisposition. Often employees feel that a medical certificate is irrefutable and an employer has no choice but to accept the illness of the employee. Is this really the case though?
Are you between a rock and a hard place with your neigbour’s trees?
A few years ago your neighbour planted a row of trees against your separation wall. Now the trees are fully grown and the branches and leaves regularly fall into your pool as well as blocking your stormwater drainage. Furthermore, the roots are not only beginning to lift your separation wall but also the pavement around your pool. What to do? Should you get to work and remove the roots yourself before your pool is also damaged?
The Phatshoane Henney Group, South Africa’s Largest Association of Law Firms for a reason
The Phatshoane Henney Group of Associated Law Firms is an association of top South African law firms that have united to form the largest legal association in the history of South Africa. The Group currently comprise of 41 law firms with 55 offices and over 500 professionals spread across all nine Provinces.
Phatshoane Henney Group awards R350,000 in bursaries to 12 candidate attorneys
The Phatshoane Henney Group has at the beginning of 2015 awarded twelve bursaries with a total value of over R350,000 to Black Candidate Attorneys registered to conduct their contract of articles with Group member firms.
Spar Women’s Race 2014
On the 30th of August 2014 VDT took part in the annual Spar Women’s Race at Supersport Park. Although VDT is rather known for its exceptional legal services than its athletes, the day turned out to be a great success.
VDT VS ESKOM
The soccer match between VDT and Eskom was highly anticipated since the beginning of the year and the atmosphere was tense as both teams wanted to end the season on a high note. Both teams had ample support and everybody was looking forward to the match. The match was very tight and Eskom only managed to clinch the game in the dying minutes. Regardless of the loss, it was a very enjoyable game of football where new friendships were made. This game will definitely become a regular fixture between the two teams.
The BEE-gest Loser – small QSE’s will suffer most under new BEE Codes
On 10 October 2014 the DTI issued the draft Amended BBBEE Codes of Good Practice (Amended Codes) in relation to Qualifying Small Enterprises (QSE’s) for public comment. The Amended Codes are not yet in force, but we foresee only minor changes to be made to the final publication. Any QSE certificate issued after 30 April 2015 must be issued in terms of the Amended Codes. If one analyses the effect of the Amended Codes on QSE companies it is safe to say that QSE’s and especially small QSE’s will be hard hit by the new BEE provisions. We herewith analyse the severity of the blow and provide some first aid advice for recovery.
Is your Landlord responsible for your safety?
Jennifer was very excited to move into a larger rental apartment from the small flatlet she had been occupying. She gave notice, signed the lease and had already moved in when she heard from a neighbour that there had been numerous housebreakings at the property. This fact had not been disclosed by the landlord who had in fact alleged to Jennifer that there had never been an incident at the property. After hearing about the housebreakings Jennifer confronted her landlord who agreed that he would make certain security improvements to the property. A month later, after the landlord had failed to make any of the promised improvements, the property was broken into. To what extent is Jennifer’s landlord responsible for her safety and security at the rental property?
Business rescue proceedings and sureties
Your family company bought a new commercial property with a view to expanding the business. The bank insisted on the family shareholders providing personal sureties for the financing afforded to the business to buy the property. Without hesitation, the sureties were provided as business was looking up and the property was needed. Then the recession hit, and to avoid foreclosure by the bank your company was placed under business rescue. But now the bank is coming after you as surety despite the company being placed under business rescue. Can they do this?
The Contract is silent as to the duration…Is there a way out?
The contract is signed, the deal made, the future is bright…! Who really cares about how long the contract must run? A few months later the deal is over, the relationship soured, the future bleak… But the contract is silent as to the duration. Does this spell eternal damnation at the behest of a contract that does not allow for an exit or can a contract which has no express duration clause be terminated?
Are you liable for historical arrear property rates on your property?
Who is responsible for historical arrear property rates and taxes on your property? The good news is that the person who owned the property at the time the debt was incurred is liable. But did you know that a municipality can in some instances cause your property to be sold in execution for debts being owed by a previous owner?
Selling your property and the new Alien and Invasive Species Regulations
Invasive Alien Plants (IAPs) are widely considered as a major threat to biodiversity, human livehoods and economic development. IAPs cost South Africa tens of billions of rand annually in lost agricultural productivity and resources spent on management.
The New Rental Housing Amendment Act
Changes to the rental housing environment have been proposed with the Rental Housing Amendment Act. Although at first glance, the proposed changes may not seem overly dramatic in nature, a closer study does reveal implications both for landlords and tenants. Any person that contravenes the Act can be held liable and face criminal charges, but landlords specifically are a focus of the proposed legislation.
Be careful what you do with that overheard telephone conversation
Insider trading has always been surrounded by controversy, frequently making headlines and ruining reputations. Insider trading is also a prime example of discrimination, as it gives a small, privileged minority an unfair advantage over the majority who do not have access to the same information or opportunity. So what can happen when the CEO next to you in the business lounge starts talking about that big new deal?
COIDA may soon cover your domestic worker for occupational injuries and diseases
South Africa has a vast number of domestic workers, which includes housekeepers, nannies, gardeners, domestic drivers etc. Until 2002 domestic workers were not protected by any specific legislation. However, the unique conditions of our country’s domestic sector necessitated that minimum standards of employment be set for domestic workers. As a result in 2002 the Minister of Labour promulgated Sectorial Determination 7 which sets out, amongst other things, the minimum wages, working hours, leave days and termination rules for domestic workers.
Is there digital life after death? Providing for virtual assets in your digital estate
It’s the year 2016 and the majority of our world citizens today live digitally through online social media platforms, gaming environments, websites, chat rooms, shopping sites and more. The virtual world has become an undeniable reality of our modern lives and one can only philosophize over when physical reality will start to play second fiddle to your digital life! The growth of our digital world however also gives rise to new legal questions relating to your digital ‘assets’. What will happen to my online gaming profile, Facebook account, online banking account etc. upon my death? The reality is that these digital assets also need administering and what happens to it after you’ve passed away may in fact, be up to you.
Road Accident Fund claims: Must I pay back my medical scheme?
You were in a motor vehicle accident and your medical aid scheme covered your medical costs. On advice of your attorney you also submitted a claim to the Road Accident Fund (RAF) for your medical expenses. The RAF indicated it was prepared to pay out your claim but now your medical scheme insists that the medical costs it paid be recovered from the amounts paid out by the RAF. Is this correct and must you pay back your medical insurer for your medical costs?
Search warrants and my rights
It’s Friday afternoon and you’ve just gotten home after a busy week with the prospect of a relaxing weekend ahead. Suddenly there’s a loud knock on the door. You open the door to find a police officer on your doorstep. The police officer greets you formally and informs you that he wants to search your property as the police have received a tip-off of stolen contraband being kept in your house – and that if you don’t provide consent, he will come back with a search warrant. What should you do?
Setting up your non-profit company
You’ve been doing charity work for a number of years, and have finally come to the conclusion that you would like to do this full-time and set up a non-profit entity from which to run your new charity. First things first, you want to set up a non-profit company. But what are the requirements for setting this up?
Highlights of the National Environmental Management: Waste Amendment Act 26 of 2014
Ever since July 2009, South Africa’s waste management environment has been regulated in terms of the National Environmental Management: Waste Act 59 of 2008 (NEMWA), mainly to promote a waste management system which ensures an environment not harmful to the health and well-being of the public. However, over time, certain aspects have required some attention, and additional needs have arisen. The long-awaited National Environmental Management: Waste Amendment Act 26 of 2014 (“Waste Amendment Act”) has now finally come into operation on 02 June 2014.
Top 5 aspects that should be included in your employment contract
You’ve just landed what should hopefully be your dream job and your new employer has provided you with your employment contract to sign. You want to sign, make it official and celebrate but you are worried that you may be missing something important. What are the key aspects you should be looking for in your employment contract?
Strike action: Illegal activity or legitimate negotiation tool?
Over the past few months, the South African employment climate has been hit by a wave of strikes. But what is a strike? It is legal or illegal? Are there consequences and does an employer have any remedies?
The responsibilities of a scheme’s managing agent
Most Sectional Title schemes, particularly as the Sectional Title Act 95 of 1986 is generally moot on this point, are in the dark as to what exactly the role of the managing agent of the scheme is. Here we aim to elucidate the responsibilities of the managing agent and clear up some of the confusion surrounding this role.