News & Articles
South Africa: The approach to regulating AI compared with the EU
South Africa is actively working towards effective AI regulation, recognizing the need for
specialized legislation due to AI’s unique challenges and potential for consumer
protection and economic growth. The country’s efforts include the Presidential
Commission Report on the Fourth Industrial Revolution, the establishment of the Centre for Artificial Intelligence Research, and the drafting of an AI Blueprint during its AU
chairmanship, advocating for a unified African AI approach.
Landowners, be fire-wise!
The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer. However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires.
The Companies Amendment Act puts directors in the hot seat
Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024 (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.
Merging the pieces when transactions become indivisible
On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its approach towards ‘indivisible transactions.’ These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa.
Navigating the legal blueprint for property expansions
Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed and breakfast, guest house, holiday rental, or long-term rental property. However, it’s not as simple as ‘build it and they will come.’ There are important legal and compliance requirements that must be considered before you venture into such a development.
The Two-Pot Pension System and divorce
The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce.
Piecing together the puzzle of cross-border cases
In the matter of IRD Global Limited v The Global Fund to Fight AIDS, Tuberculosis and Malaria (504/2023) [2024] ZASCA 109, the SCA reaffirmed what the requirements are for South African Courts to have the necessary jurisdiction to hear matters involving foreign companies and confirmed what would be required to establish jurisdiction when online publications are involved.
Exclusive use areas: Is your new space truly yours?
An exclusive use area can be defined as “a part or parts of the common property” in a scheme that is indicated on a sectional plan and designated for the exclusive use of an owner of a section. In simple terms, an exclusive use area refers to those portions in a scheme to which a certain owner has exclusive use rights, such as a garden, parking bay, or balcony. This is in contrast to common property, which is owned and shared by the body corporate.
Public property auctions can be a double-edged sword
A sale in execution is known as a public auction held by the Sheriff of the Court once a writ of execution has been issued to attach and sell immovable (and moveable) property. For this article, we will be focused solely on immovable property.
Can a body corporate withhold a clearance certificate?
Once an offer to purchase is signed and the transfer process begins, sellers of units in a sectional title scheme face several challenges, including the obligation to ensure that all dues to the body corporate are settled. This requirement, mandated by Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986, restricts the transfer of sectional titles unless a conveyancer’s certificate confirms that all monies due to the body corporate have been paid or provisions satisfactory to the body corporate have been made. A conveyancer can however only issue the required certificate after receiving a body corporate’s assurance, in the form of a levy clearance certificate, that all amounts due to the body corporate have been paid or that provision for payment thereof has been made.
Simplifying estate late property transfers
Property transfers following the passing of an individual can be a complex and emotionally challenging process, particularly when dealing with the estate of a loved one. Estate late property transfers entail a series of legal steps and requirements that must be followed to ensure a smooth and lawful transition of ownership. This article aims to provide a simple guide to estate late property transfers, outlining the key concepts and considerations involved.
Can the lights go out during a billing dispute?
Question:I am the...
Trustee administrative duties under the spotlight
With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article, we briefly list some of the main administrative duties falling to any trustee.
Don’t gamble with banking details via email
Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance.
The implications of a waiver of rights by directors
The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’ in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.
Consistency is key for Homeowners Associations
With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.
Preserving your art legacy: Tax tips for collectors
For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved. While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.
Employee grievances: one misstep can cost you!
Employers often let employee grievances slide, especially when raised by juniors against senior or valuable staff. However, a recent Free State High Court judgment raised a huge red flag for employers not to let these incidents slide.
When medical certificates raise a red flag
The submission of medical certificates by employees to support their requests for sick leave is a common employment phenomenon. Employers often grapple with how to handle medical certificates they suspect are irregularly issued by a practitioner, particularly when the practitioner is notorious for ‘selling’ such certificates.
Deregistration looms for non-compliant companies
The recent ruling of Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 highlights the critical duty companies have to file annual returns with the Companies and Intellectual Property Commission (CIPC) and the significance of the procedures companies must follow to reinstate a deregistered company.
Remote commissioning a possibility?
In a world where physical separation is becoming increasingly irrelevant thanks to technological advancements, one may wonder to what extent the law has followed suit. With legal documents needing to be commissioned, the question arises whether this can be done remotely by way of virtual conferencing. Well, like any good lawyer would say, “It depends!”
Must you pay the estate agent if there is no agreement?
When buying or selling a property, estate agents play a crucial role in facilitating the process. But what happens when there is no explicit agreement regarding the estate agent’s commission? Is it still payable?
The rising tide of business email compromise
Cybercrime is on the rise and is fast becoming one of the most noteworthy threats of the modern age. Perpetrators of cybercrime are located all over the world and can swiftly facilitate cybercrime between jurisdictions. Developing countries such as South Africa are also more vulnerable to cybercrime, especially with the rapid spread of technology and the internet across the African continent, creating a new and vulnerable target base for cyber criminals.
Unlocking a hidden gem in the Income Tax Act
Hidden gems in the form of tax deductions do exist in the Income Tax Act 58 of 1962 (“ITA”). With escalating taxes, any hidden tax breaks are always welcomed by taxpayers. One such gem is buried in section 24O of the ITA. In this article we share the opportunities section 24O holds by focusing on its use and application to those acquiring equity shares.
Lighting up fire danger ratings
Fire danger ratings are often displayed on weather news, and in our South African winter where wildfires can often run rampant, it is of particular importance to take note of these fire danger ratings. This article explores the necessary precautionary steps to take in response to these fire danger ratings.
Mediation – a go-to option for divorcing couples
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.
Outstanding charges, body corporates and sales in execution
Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.
Businesses, body corporates, and the right to electricity
Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to pay its service fees to the municipality?
Stoners may be exempted from zero-tolerance policy
With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.
Trustee responsibilities have become even heavier
The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.