News & Articles
More confusion around new BEE codes
When the new BEE Codes where published in October last year there were many issues which required clarity leaving the business industry with numerous questions and uncertainty. New notices published in the Government Gazette recently have again highlighted this uncertainty and have shown that even within Goverment there still appears to be confusion around many facets of the new BEE Codes.
Claiming maintenance? What you need to know!
Biological parents as well as the legal guardian of a child have a legal obligation to pay maintenance, in other words to support the child financially. This obligation includes contributions towards paying for food, clothing, accommodation, medical care and education.
A few things you should know before challenging the validity of a will
Mrs Ambrosia passed away on 10 December 2013 at the age of 93. After her death it is discovered that she executed a will on 10 June 2013 in terms whereof a recent acquaintance Mrs Nightshade becomes the sole beneficiary of her entire estate. The will also revokes all her preceding wills, including a will dated 1 January 2009 wherein her son, daughter and their respective children are indicated as Mrs Ambrosia’s beneficiaries. Mrs Ambrosia’s health had deteriorated systematically since 2010 and she was very ill at the time of her death. Can her children challenge the new will and if so what must they prove?
What to budget for when buying a new house?
You have finally managed to find your dream house and want to make an offer, but you are concerned about your budget and everyone keeps telling you that with a new house there are so many additional costs you need to take into account. So what should you realistically be budgeting for?
Municipal environmental regulation and the property developer
With increasing emphasis being placed on environmental matters, conservation, sustainable development and ‘going green’, we are also seeing more and more environmentally-related matters turn in court and address seminal issues relating to the development of our environmental law. A recent case of relevance is Le Sueur and Another v eThekwini Municipality and Others (KZP).
Property Transfer: Let’s break it down!
The process of transferring property frequently leaves buyers and sellers alike confused, frustrated and in the dark as to what exactly the sequence of events are to have a property transferred. With the sale agreement signed, surely the hardest part has been taken care of? The reality is, that our property regime in South Africa is quite sophisticated and with numerous stakeholders and role players impacted by a transaction, the actual process of transfer can become quite complex. Accordingly, it is important to understand the procedure and prepare oneself for the steps of the transfer process.
Building contract cancellation: Beware the pitfalls
The building project is going nowhere and so too is the relationship between the client and building contractor. Both parties have been at loggerheads since the start of the project and the relationship has deteriorated to such a point that both parties are failing to meet their contractual commitments in terms of the building contract. But what now? Can either of them just call it a day and cancel their contract?
Lease of Agricultural Land: What to consider?
Daniel is a young, innovative and successful farmer who wants to expand his agricultural operations and begin an apple plantation to produce apples for export purposes. The only problem is that he doesn’t own enough agricultural land to start this lengthy and expensive process. Daniel now considers entering into a long term lease agreement of 20 years whereby he will lease a certain portion of agricultural land (a portion of a farm registered in the Deeds Office) from a nearby farmer for this new farming operation. He wants to ensure that the lease agreement between himself (the “Lessee”) and the farmer who owns the land (the “Lessor”) is valid and complies with all the aspects of the law applicable because of the high input costs and big financial impact such an operation has.
Maritime Piracy and South African Law
Over the past decade, piracy on the high seas and off the coast of Somalia has been on the rise. Although there have been preventative measures deployed by maritime nations to counter the crime, across the seas, there is an identified need to develop an efficient regime to prosecute pirates with “pirates” long being described as hostes humani generis (enemies of all humankind).
Act! Prevent abuse and domestic violence
With such high crime statistics being attributed to violent crimes occurring between people who know each other, it is sadly also the case that silent abuse happens in the confines and privacy of many homes. Such can take the form of physical, sexual, emotional, verbal, psychological and economic abuse, intimidation, harassment, stalking, damage to personal belongings or entry into a residence without consent by an unwanted relative, boyfriend or girlfriend who shares or recently shared the same residence with the affected person, or any other controlling or abusive behaviour towards a complainant, where such conduct harms, or may cause imminent harm to, the safety, health or wellbeing of the complainant.
Divorce mediation as an option
The dissolution of marriage in South Africa is regulated by our Divorce Act and the Matrimonial Property Act. These acts do not require parties contemplating divorce to enter into divorce mediation. However, our courts have recently started increasing the pressure on legal practitioners to advise their clients to enter into divorce mediation before the parties are to appear in court. This pressure is evidenced in a number of recent judgments made by our courts and reflects a growing sentiment that divorce mediation is an important step in divorce proceedings.
Financial distress: your obligation to inform the public
In the last few years, many business owners have had to make difficult decisions to restructure their business in order to survive the economic recession. Family businesses were sold, assets made to money and unfortunate events even led to liquidation of businesses. Owners, understandably, often don’t keep perspective of their financial struggles and will do anything to salvage the business without taking formal steps or letting anyone know of its dire financial position. The following questions thus arise: At what point must you take formal steps to notify persons about your financial situation? Who needs to know? How much do they need to know?
Ignoring that speeding fine? Your one stop ticket to trouble
It’s another busy morning and you are in a mad rush to get the kids to school on time, you are going way over the speed limit when a traffic officer stops you, and despite your very best protestations awards you a “ticket”. You then decide to ignore the ticket in the hope that it will just disappear in a pile of endless paper work at your local traffic department. That is, until the Friday when you leave for that long-planned getaway to the Mozambique coast, where you are arrested at the border post, kept in custody until Monday and face charges of contempt of court. It then becomes apparent that the “ticket” you received was in actual fact a notice to appear in court.
New beach house: In my name or the family trust?
The holiday season is around the corner and Adrian would like to buy a beach house. He wishes to use this holiday residence mainly as a long term investment by renting it out to other holidaymakers in order to earn extra income. Adrian has also decided that upon his death the beach house must be bequeathed to his sons while his wife receives the rental income earned thereon. Adrian is one of many buyers that have the following question: In which entity should I buy my holiday home?
Can you recover losses from a dismissed employee?
Until recently employers have been reluctant to pursue civil action against former employees for losses suffered as a result of negligence by those dismissed employees. Despite being entitled to do so, employers take a pragmatic view of cutting their losses and carrying on with their business, shying away from further litigation. As a result the employer is often left with the task of repairing the damage done by the employee and restoring their reputation.
Grondeise: Wat elke koper moet weet
Elke boer se plaas is sy besigheid, sy trots, sy heenkome en dikwels sy nalatenskap vir sy kinders. Dus vereis enige besluit daaromtrent gesonde oordeel en dat risiko’s so gou as moontlik bekend gemaak en aangespreek word. Meeste boere en grondeienaars is bewus van die aard van ‘n grondeis en dat die betrokke wetgewing bepaal het dat 31 Desember 1998 die afsnydatum vir die instelling van grondeise was, waarvan vele nog onbeslis lê. Wat boere nie noodwendig weet nie is waarvoor om te kyk voor die aangaan van ‘n kooptransaksie ten einde te verseker dat hulle voldoende beskerm is teen ‘n grondeis wat later sy kop mag uitsteek.
POPI: Are you all set?
The protection of privacy in South Africa has undergone intense investigation over the last decade. In late 2005 the South African Law Reform Commission found that there wasn’t adequate protection and that a new, separate piece of legislation was needed for the proper protection of one’s personal information. This paved the way for the long process which is now finally coming to an end with the Protection of Personal Information Act (“POPI”) recently passed by the National Assembly and now awaiting enactment.
Debt Review: Manoeuvring through the thorns
The National Credit Act 34 of 2005 gave rise to the establishment of the Debt Counselling profession in South Africa.
The Amended BEE Codes of Good Practice
On 3-4 October 2013 the Department of Trade and Industry together with the Black Economic Empowerment Advisory Council hosted the first ever National B-BBEE Summit in South Africa. The Amended BEE Codes of Good Practice were announced at this summit and were published in the Government Gazette a week later, on 11 October 2013.
Social Media and the Law
Social media platforms such as Facebook, Twitter and YouTube have become an integral part of our everyday lives and have an important role to play in our social environment and help us keep in touch with others and stay informed of events around the world. Yet despite many of the benefits of social media platforms, these platforms also create opportunity for abuse and often bring out the worst in people, often without thought as to the consequences of their action.
Panic and uncertainty for farmers regarding their water
Widespread panic and uncertainty currently occupy the minds of water users in the agricultural community. The commencement of the National Water Act in 1998 heralded a new era for water use in South Africa and many farmers feel that the Act threatens their survival as farmers. The uncertainty and panic that reigns in the agricultural community may be twofold in nature, namely general ignorance in the agricultural community regarding the letter of the law and questionable conduct by the Department of Water Affairs (“Department”). This article attempts to shed some light on the most important points in respect of which ignorance exists as well as highlight some events for which the Department should be yellow carded.
Jurisdiction of the CCMA to adjudicate benefit disputes expanded
The confusion that has existed for years between employers and employees over the scope of what the term “benefits” in section 186(2)(a) of the Labour Relations Act entails has finally been resolved by the Labour Appeal Court in Apollo Tyres SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (2013) 34 ILJ 1120 (LAC).
The new Control of Marketing of Alcohol Beverages Bill
The draft Control of Marketing of Alcohol Beverages Bill is yet to be gazetted for comment although most have already expressed their opinion on the proposed Bill despite very little information being available regarding its scope and impact.
Is your company still “alive”? The consequences of failing to submit your annual returns
Pam is the sole member of a close corporation (PK Investments CC). Three years ago Pam decided to buy property as an investment. Wanting to protect the property from creditors and ring fence the rental income, Pam decided to buy the property in the name of PK Investments CC. Pam invested substantially in the upkeep of the property and recently received a very lucrative offer for the sale of the property which she, as sole member of PK Investments CC, decides to accept. However, before transfer of the house takes place, the buyer’s attorney informs Pam, that PK Investments CC has been deregistered and that the transfer of property cannot take place. Pam, unaware of such deregistration, is shocked and unsure of what she can do to remedy the situation.
Is the biological father liable for the costs of a child born out of wedlock?
We have become accustomed to the fairy tale endings we so often see in the movies – boy meets girl, they fall in love, get married, have kids and live happily ever after. Unfortunately, the reality of modern society is not always as romantic with a dramatic increase in the number of single and unmarried parents and children born out of wedlock every year. This raises questions as to whether the biological father of a child born out of wedlock is obliged to contribute to the mother’s pregnancy and birth related costs and pay maintenance for his child even if not married to the mother.
Farm worker basic conditions of contract
In general, most employees are protected by the Basic Conditions of Employment Act which sets the standard for minimum conditions of employment. In certain cases to protect vulnerable employees in a specific sector, sectoral determinations are made which provide for minimum conditions for employees in that sector. One such sector is the farming industry where Sectoral Determination 13 regulates the basic conditions of employment and remuneration of farm workers in South Africa.
Electrical fencing certificates: Do I need one?
The use of electrical fencing as a means to secure fixed property, and in particular also residential property, has escalated dramatically over the last few years. To address this increasing demand the market has been flooded by suppliers offering electrical fence installation services. Understandably the necessity to regulate safety issues in respect of these installations has led to the promulgation of the Electrical Machinery Regulations in terms of the Occupational Health and Safety Act which regulate electrical fencing and its certification.
More protection for the victims of harassment
Mary was over the moon when she heard that she had received the position and could not wait to start her new job. Into her second week however, she became aware of her supervisor taking a special interest in her. She tried to ignore this, but the interest became more overt, unwelcome and threatening, despite her attempts to politely rebuff his advances and eventually directly informing him that she was not interested. After noticing the supervisor in the vicinity of her home, she reported the conduct to a senior manager, but no action was taken. The situation steadily deteriorated until Mary felt so afraid of her supervisor that she felt she had no choice but to resign.
The safety and security aspects of sectional title living
With concerns for the safety of one’s person and property increasing, there has been a movement towards expanding communities in the form of sectional title complexes, duet and cluster housing. People moving into sectional title units are willing to sacrifice space and privacy in exchange for improved safety, security and a sense of community that comes with sectional title living.
Road Accidents and Personal Insurance
The frequency and severity of road accidents are becoming an increasingly worrying statistic and the provisions made by the Road Accident Fund (RAF) for injury or death suffered on our roads are decreasing with each amendment of the Act. This increases the burden on each person to financially prepare themselves for the possibility of a serious motor vehicle accident and the potential repercussions of such an event. But how does one do this?