News & Articles
Why can deceased estates take so long to be finalised?
The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate?
Competition Act new draft rules for company divestiture recommendations
The Minister of Trade, Industry and Competition has recently published new draft rules for comment relating to divestiture recommendations made by the Competition Commission. In this article, we take a look at these new rules.
The ‘what’ and ‘when’ of the new beneficial ownership reporting for companies
Surprisingly, many companies remain blissfully unaware of the new company reporting requirements introduced by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”). The Amendment Act introduces changes to the company environment (effective 1 April 2023) which will have an administrative impact on South African companies. In this article we delve into the ‘what’ and ‘when’ of these new reporting requirements.
Why trustees must now also record the accountable institutions they engage with
With the passing of the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) late in December 2022, a number of critical amendments were introduced to the Trust Property Control Act 57 of 1988 (“Trust Act”), including amongst others the responsibility by trustees to record details about the Accountable Institutions they engage with in their capacity as trustee. In this article, we look a little deeper at this requirement and what it will mean in practice for trustees.
Important increases to the national minimum wage
The media has been reporting on a new minimum earnings threshold for employees. This article briefly summarises the new earnings threshold’s main impact on employees and employers.
Things to know before you undertake a sectional title development
Clients often walk in and ask about the process to undertake a sectional title development, thinking it is an opportunity to develop a piece of land they have. In this article we unpack a few of the practicalities relating to establishing a sectional title development and what you should keep in mind when considering this.
Tackling the issue: who is accountable for rugby injuries?
Rugby is arguably one of South Africa’s most loved sports with players participating from a young age. Despite continual improvements to the safety of the game, injuries are still a frequent phenomenon and of grave concern, particularly when incurred at a scholar level, often raising the question of who should be liable when such a rugby injury happens to a scholar.
Neglecting employee training can be a ticking time bomb for workplace injuries – Who is liable?
An unfortunate yet common phenomenon, is a lack of training afforded to new employees or employees placed in new positions. Business pressures and the unavailability of a manager with time to guide and properly train an employee are usually the reasons advanced to defend the lack of training. But what happens if an employee gets injured because they have not been trained properly? Can the employer be held accountable for this?
Untangling the Knot: Exploring Maintenance Claims at the end of heterosexual life partnerships
In a recent study by Statistics South Africa, it was found that there is a declining interest in marriage with many couples electing to live together as permanent life partners rather than entering into a marriage or civil union. The question that often arises though, is whether a party to such a heterosexual relationship is entitled to claim maintenance when the relationship is terminated.
Trustees take note! How to record your beneficial ownership structure
In a previous article we unpacked the introduction and meaning of the new ‘beneficial owner’ definition introduced into the law of trusts by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”). With these changes being effective as of 1 April 2023, trustees should be awake to the proposed process for recording and submitting your trust’s beneficial ownership information to the Master of the High Court.
Trustees MUST now report their status! Find out why
With major amendments to South Africa’s anti-money laundering framework scheduled to take effect from 1 April 2023 as part of Government’s strategy to remedy South Africa’s grey listing status, all trustees should take careful note of the new disclosure requirements that will apply to them.
Can you stop your spouse from sharing in your pension fund after divorce?
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share in their pension?
Settle your dispute with a settlement agreement
In dispute resolution matters, the settlement agreement has become an important tool to cut short protracted conflict and litigation and for parties to agree to a full and final settlement of their dispute. In this article, we explore in a bit more detail how and when a settlement agreement should be used to settle a dispute.
Are you allowed to install solar panels in your sectional title unit?
As a result of the continuing woes of load shedding , many sectional owners are considering alternative and renewable energy solutions like solar panels to minimize the effect that load shedding has on their households. A common question, therefore, being raised by sectional owners is whether they are allowed to install solar panels at their sectional unit.
Don’t forget about your will when getting married or divorced!
In the highs of getting married or the lows of divorce, parties generally forget to think about their estate planning. This is understandable as no one wants to entertain thoughts of death and division of assets during those times! Unfortunately, such an oversight can create a mess in the event of your untimely death. The golden rule is to always, when there are material changes in your life like marriage, children, divorce and even death, revisit your estate planning and bring it up to date with the necessary changes.