News & Articles
The powers of trustees in the conclusion of agreements with third parties
The question which arises when contracting with a trust is whether or not the trustee you are contracting with has the necessary authority to enter into a contract and bind the trust as an entity to the contract. In this article we briefly examine what you can do to safeguard yourself when contracting with a trust and what potential ramifications exist when you do contract with a trustee who does not have the necessary authority.
The low down on lawful evictions
Housing is a vital and primary need for each person. As most of us acquire accommodation by lease or through home loans or even through state housing provided by municipalities, it is important to know your rights and what the correct procedure is for lawful evictions.
Slip and fall… Who is liable?
It has become the popular perception that if you fall while on someone else’s property you can sue. The reality is that the law requires a quid pro quo from property owners and the public. That property owners must take reasonable care in minimizing or preventing harm occurring to people passing through their premises and the general public equally, must take reasonable and appropriate care when entering into, walking across and leaving another’s premises.
RAF Undertaking: What does this mean?
Ten years ago Henry was involved in a motor vehicle accident which left him paralysed from the waist down and wheelchair bound for life. Three years later a court order, in favour of Henry, was issued in terms of a third party claim Henry instituted against the Road Accident Fund (RAF). A few weeks after that, the RAF issued an Undertaking which formed part of the settlement of Henry’s claim. Henry is not sure what this means and what he can do in terms of this Undertaking and how this will assist him in living with his disability.
Injured at work? What is the correct procedure?
An injury at work is in itself an unpleasant experience but is also an experience that can hold consequences for both employer and employee. The Occupational Health and Saftey Act (“OHASA”) imposes a duty on the employer to provide a working environment that is safe and without risk to the health of its employees and in like fashion imposes a duty on the employee to take reasonable care of his health and safety while at work. Where such an injury occurs during the course of employment, the Compensation for Occupational Injury and Diseases Act (“COIDA”) makes provision for an employee to claim compensation for damages suffered, provided the correct procedure is followed.
Maintenance and Sectional Titles: Who must pay?
An issue that can often raise the blood pressure of sectional title owners, is the question surrounding maintenance within a sectional title scheme, particularly where maintenance costs are going to cost an arm and a leg. So where does the responsibility of the sectional title owner for maintenance begin and end?
Hospital exemption clauses: Enforceable or not?
You have been the unfortunate victim of the negligence of a hospital employee. As a result, you have suffered personal injury and are now faced with major future medical bills. You approach the hospital with your claim, only to be made aware that you have signed an exemption of liability clause which indemnifies the hospital in the event of injury or death, including arising from negligence. You realise that all those documents and admission forms that you blindly signed upon arrival, contains a clause that indemnifies the hospital, its employees and agents of all liability for any claim for damages or loss that is caused directly or indirectly.
Noisy Neighbours? Keep them quiet – legally!
It’s the third night in a row that the pesky neighbours have been partying it up into the early hours of the morning. It may be the festive season, but with kids crying and dogs barking continuously for three nights, your cup of neighbourly patience has run out. Yet, when confronting these neighbours with a reasonable request of reducing their nightly disturbances, the laughter by your neighbour only adds to your growing anger and frustration at your impotence to stop the noise. But must I just accept my fate, sell my house and move, or can I legally address the cacophony?
The beneficial aspects of building ‘Green’
Commercial buildings account for a sizable portion of greenhouse emissions, both during the construction phase and the eventual use of the structure. As a result, the South African construction industry has turned over a green leaf with the new energy efficiency building regulations that came into effect in November 2011. These Regulations apply to all new energy-consuming structures in which people live or work, such as schools, hospitals and office buildings.
The In’s and Out’s of an Antenuptial Contract
Susan and James are on the verge of getting married. For both it is their second marriage and both have learnt the importance of reaching agreement as to the regulation of their matrimonial property at the start of the marriage. Accordingly, they have decided to marry out of community of property and to regulate their marriage and individual estates through an antenuptial contract. However, they are still concerned about how to protect existing assets and the inheritances of their children from their previous marriages. Can all of this be regulated in their antenuptial agreement?
Managing your public liability during construction
Any construction process always carries with it the potential risk of injury to or death of a third party. Accordingly, it is vital that all employers and contractors are aware of how they could be held vicariously liable for injury or death arising from the actions of their employees or subcontractors. In this article we will briefly explain the nature of vicarious liability as well as how such liability can be managed and mitigated.
Laying the right foundation: Be wary of construction defects and rejected insurance claims
Acquiring a home is often a major investment decision, yet ironically, sometimes also a decision resulting in great financial loss. Homeowners frequently experience loss through theft or damage to their home, with damage generally arising from accidents or natural causes. It is for these reasons that it is critical for a homeowner to protect his interests, principally through obtaining homeowner’s insurance policies. These insurance policies help reduce your risk by moving the risk of loss or damage to the insurer in exchange for the payment of a premium.
Waar om te begin met ‘n nuwe besigheid?
Louis droom al jare daarvan om sy eie besigheid te begin, maar kon nog nooit die geskikte perseel kry om hierdie stap te neem nie. Nou is daar ‘n winkel perseel beskikbaar met die ideale ligging en Louis se droom begin na ‘n realiteit lyk. Louis se finansies is reg en hy het ook ‘n moontlike vennoot geïdentifiseer om saam die besigheid mee te begin. Die tyd is reg, maar Louis krap nog kop oor waar om te begin en wat regtens gesproke alles gedoen moet word om die besigheid af te skop. Kom ons gaan kyk wat sy hoofverpligtinge sal wees.
Buying a house? Beware of restrictive title conditions
Tony and Jen have just bought a house in a popular residential area. They plan to make this house their home and raise their family in it. Fast forward ten years and Tony and Jen wish to extend their house in order to make room for their third child that is on the way. Imagine their frustration when they find out that they cannot add even one more room to the house due to restrictions on the title deed!
How are my municipal rates and taxes determined?
Ever wondered how the rates and taxes on your house are calculated and why your rates and taxes seem so much higher than that of your colleague living across town? Property rates and taxes are calculated with reference to the municipal valuation thereof, which valuation is based on the market value of the property and is periodically updated with residents provided the opportunity of commenting on or raising objections to municipal valuations if they believe these have not been fairly or correctly determined.
Do the T’s & C’s of your business comply with the Consumer Protection Act?
The Consumer Protection Act 68 of 2008 (“Act”) sets out a range of fundamental consumer rights as well as ways to protect these rights. These rights however, place an obligation on each business owner to be aware of the implications of the Act and ensure that his standard terms and conditions of trade in particular are aligned with the requirements of the Act as otherwise costs can be incurred through transactions being cancelled, the owner having to perform more than was intended or even penalties possibly being incurred.
Greener pastures (for your business)
Awareness is growing, but still far too often, the general public views environmental legislation and the need to go ‘green’ as the responsibility of large companies and industries. This could not be further from the truth and does the responsibility of going ‘green’ rest on each person and business, and should be supported, not as an obligation, but as an investment in our present and future.
VDT Soccer vs The Pretoria Deeds Office
The VDT Soccer team recently unveiled their new kit by hosting the Pretoria Deeds Office for a hard fought game of soccer at their “home” ground opposite Waterkloof Primary. It presented a fantastic opportunity to socialise and build relationships with the Deeds Office staff, as well as providing the team with a warm-up match for the up and coming matches. A big thank you to all the organisers.
University of Pretoria Open Day 2013
The Law Faculty of the University of Pretoria held its annual Open Day for law students on the 9th of March 2013.
During this day, law students are provided with an opportunity to interact with professionals and to discuss their career possibilities with specific focus on application requirements for appointment as candidate attorney’s at VDT Inc.
Blacklisted? How can I clear my credit record?
The economic climate in South Africa is uncertain with consumers heavily affected by increasing expenses and an inordinate reliance on credit. The unfortunate result is one where businesses are forced to take judgement against the consumers in order to recover outstanding debt resulting in consumers being listed with credit bureaus, raising the question: How do I have my credit record cleared?
The ‘what’, ‘how’ and ‘why’ of sectional title levies
The payment of levies is the backbone of any sectional title scheme making the management of levies and awareness of how levies can be charged vital to the managers and owners of sectional title units, including what can happen if levies are not paid.
Corporate Social Responsibility: Fast becoming the popular kid on the corporate playground
In today’s highly competitive corporate environment, Corporate Social Responsibility (CSR) as a business approach and corporate strategy has been thrust onto every corporate agenda of every business from corporate giants to standard sized businesses.
What’s this meat in my hamburger?
The shockwaves of disbelief emanating from consumers following the recent international horse meat ‘scandal’ where horse meat was found in consumer food products have opened the eyes of many consumers to pay more attention to the content of their food products and labels. Additionally, consumers have become more concerned about what remedies are available to them should they purchase products that contain unsafe content or content which has not been fully disclosed. Fortunately, our law provides remedies which you as a consumer can exercise should you find your burger tasting more of horse than beef.
Is your company solvent? What are a director’s responsibilities to ensure it is?
We Build It (Pty) Ltd is a construction company managed and operated by its directors. The nature of the company’s business regularly requires that its construction projects be well advanced before payment for services rendered is received. With subcontractors and suppliers to be paid, the company often finds itself in a situation where its debts could potentially not be paid if payment from a major client is delayed.
10th Annual VDT/Beeld Children’s Fund Corporate Golf Day/10de Jaarlikse VDT/Beeld Kinderfonds Korporatiewe Gholfdag
During the recent 10th annual VDT/Beeld Children’s Fund Corporate Golf day, which was held at the Pretoria Country Club, an amount of R160 000,00 was raised. As a result of such, VDT has over a period of 10 years, raised an amount in excess of R1 000 000,00 for the Beeld Children’s Fund. These funds are utilised for the basic and therapeutic needs of many homeless, orphaned and disabled children.
Intellectual Property Rights. Relevant to the small business owner?
Intellectual property is a term that has become familiar during the 20th century, but is still often associated only with big business, successful artists, writers or movie productions. Yet, the law and impact of intellectual property and the rights associated with it have developed to such an extent that ownership of intellectual property has become a valuable commodity and one that even small business owners should take care to understand and appreciate.
The Do’s and Don’ts of suspension
Recently a well-known radio broadcaster was suspended from broadcasting for two days due to a complaint received by his network after he insensitively rebroadcasted a specific news clip. This particular form of suspension appeared punitive in nature and the radio broadcaster subsequently resumed broadcasting after the disciplinary sanction was completed. On the other hand one also frequently hears about persons being suspended subject to an ongoing investigation in what is typically a form of preventative suspension. So what is the difference and what are the do’s and don’ts of these various forms of suspension.
Legal consequences when sequestrating an owner of land
Upon sequestration of a debtor’s estate, the Master of the Supreme Court will appoint a curator to collect and realise the debtor’s assets in an orderly and efficient manner in order to ensure that payment to creditors are made. From the date of sequestration all assets; movable and immovable; vests in the trustee of the estate and the insolvent debtor may under no circumstances deal with such assets.
Regsgevolge by die sekwestrasie van ‘n eienaar van grond
By sekwestrasie van ‘n skuldenaar se boedel stel die Meester van die Hooggeregshof ‘n kurator aan wie die skuldenaar se bates op ‘n geordende en effektiewe wyse invorder en realiseer sodat betaling van sy krediteure kan geskied. Vanaf datum van sekwestrasie vestig alle bates, roerend sowel as onroerend, in die kurator van die insolvente boedel en mag die insolvente skuldenaar geensins daarmee handel nie.
Right of extension in a sectional title scheme: Beware of the right to cancel a sale agreement
If you are the seller of a property in a sectional title, or a property broker who has spent many hours putting a sale transaction together, the last thing you want is for the buyer to find an easy way out of the contract. If the contract of sale relating to property in a sectional title is not drawn up correctly, you may, however, find yourself in a situation where the buyer has a legal right to cancel the contract.