News & Articles
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.
Medical negligence claims: what does the law say
Medical negligence can take place in so many ways, and as a result it sometimes appears impossible for the ordinary man on the street to know when and for what he may claim. In this article we highlight a few examples of possible negligence claims and the different forms of damages that can be claimed in each instance.
Sorry sir, no wine tonight!
Ever been to your favourite restaurant and ordered a beer or a glass of wine, only to be told “Sorry, unfortunately we cannot serve alcohol at this time as we are still awaiting renewal of our liquor license!” Unfortunately, this scenario happens quite often, leaving patrons dry-mouthed and wondering why the restaurant has not renewed their liquor license. The application for or renewal of a liquor license can however be a complex process and one that should be undertaken timeously to avoid situations such as these.
Direct marketing: How POPI has redrawn the battle lines
More and more consumers are becoming aware of the war being fought for their attention. The ammunition being used includes e-mails, faxes, sms’s and other forms of electronic communication. The prize: The attention of the man on the street, your average consumer. Enter the Protection of Personal Information Act (POPI) which will redraw the battle lines of this war for consumer attention. POPI aims to (at least in part) ensure that whoever wins this war for attention, wins it fairly and legally. But how have these battle lines been redrawn and can your business still market directly through electronic means to consumers?
When in danger: do I shoot or not?
In light of recent high profile criminal trials, commissions of enquiry and the inundation of crime and police television shows, the public at large can be forgiven for its general view that ‘self defence’ is an accepted mechanism to ensure your safety. In our society where crime statistics for violent crimes are alarmingly high, it is important that you understand the principles behind the legal term “private defence” – more appropriate, as it is not limited to only the defence of oneself – and when you may or may not shoot.
Beware of buying a house with a pro forma contract
You’ve received a fantastic offer on your house and, very satisfied you, as the seller, sign the sales agreement that your realtor has drawn up and on which the signature of the buyer already blossoms. Thank goodness the sale is now valid and binding – or is it?
Skipped a credit instalment or two? Maybe you should check your post…
Are you a party to a loan agreement or a credit account thinking that the contact details you insert are a mere formality? Do you skip a payment or two every so often and circumvent the letters of demand or legal notices by ignoring the registered post sent to you? If so you may wish to reconsider your approach. With debt, ignorance is never bliss and the recent case of Kubyana v Standard Bank of South Africa Ltd (CC) clearly illustrates that.
Rifle safety: don’t be the hunted in hunting season
Whether you are a hunting enthusiast, professional marksman or just an occasional hunter, when the winter cold sweeps across the country, the call of the hunt becomes unavoidable. But every year hunting season is marred by sad tales of the latest hunting accidents. What can be done to avoid your passion and hobby turning into a nightmare tragedy?
The danger of ignoring boilerplate clauses in contracts
We’ve all seen the standard clauses at the end of a sale or rental agreement, or included in the terms and conditions of your gym membership contract. Headings like ‘jurisdiction’, ‘entire agreement,’ ‘arbitration’, ‘applicable law’, ‘amendments’, ‘domicilium’, ‘notices’, ‘counterparts’ and more abound and seem to contain extensive legalese in what is often seen as an attempt to bulk up what should be a straightforward agreement. But how important are these boilerplate clauses, and can I really just view them as unnecessary contractual ‘bulk’?
Constructive dismissal and reinstatement: it IS possible
The essence of constructive dismissal is that the relationship between the employee and employer has become so intolerable that the employee has no other option but to leave employment with the employer.
Big or small, all employers must register for Unemployment Insurance
Many smaller businesses and low-level employers assume that the size of their business and/or the number of their staff has a bearing on whether they are liable to contribute to the Unemployment Insurance Fund (UIF) or not.
The Consumer Protection Act and buying defective products: you have rights too!
When you’ve bought a defective product, it is comforting to know that in terms of the Consumer Protection Act (CPA) you as the consumer are not without remedy. But to investigate your options, you must understand what the CPA provides for.