News & Articles
“Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.”
“Should your business consider an ownership transaction which may affect your ownership recognition for BEE purposes, it will be important to also consider whether this transaction will require registration with the B-BBEE Commission. In this article we briefly unpack what the requirements for registration of a major B-BBEE transaction are.”
“Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?”
“With the prevalence of social media and platforms for sharing information, is it possible that you can get fired for a post or group message you made?”
“So many new property owners believe that once the property is in their name all that is left is to enjoy their new home. Unfortunately, there are still a few other important responsibilities that should not be forgotten.”
“It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?”
“Open any newspaper, check your junkmail or read one of the many unsolicited sms or WhatsApp messages and you will find an advertisement from a credit provider offering an instant credit loan, some even going so far as to state you are immediately approved. But how legit are these solicitations?”
“For most businesses the skills development element is not only a big headache but one of the most costly components of their BEE scorecard. An option to reduce some of this cost is employed learnerships, but some key success factors should be kept in mind.”
When dealing with mergers...
A typical situation encountered in a property transaction: The deed of sale has been signed, the intended buyer is applying for a loan but paperwork and delays at the bank slow things down. Suddenly the transferring attorney lets the buyer know that they only have a few days left to satisfy the suspensive condition in the deed of sale. What does all of this mean and what happens if the loan is given, but it’s a day late?
We all know that insurance is there to provide relief from an uncertain event that could arise and cause damage to your property. But, can you insure for example your car with two insurers and should your car be written off in an accident claim for and receive double compensation from two insurers for the same accident? You have after all paid them both the required insurance premiums.
With technology and accessibility to creative tools, platforms and social media expanding the ease and accessibility of creating anything from your own music to a short film and everything in between, it raises the question of copyright protection and how far it goes to protect your creative output in a world where sharing, copying, linking and passing on of information is only a click away.
Quite often new entrepreneurs start off exploring other sideline businesses while still in the employ of their current employer. Take the example of a textile worker that starts to set up her own clothing business on the side by making clothes after hours. Is this allowed or could her employer fire her for this even if it does not affect her work responsibilities?
“In a saga that has traversed the Western Cape High Court, Supreme Court of Appeal and eventually the Constitutional Court, the Constitutional Court has now finally confirmed the position of Government in respect of its responsibility for the safety of Early Childhood Development (ECD) centres.”
“With all the media attention around the Supreme Court of Appeal’s ‘scrapping’ of the regulations around preferential procurement at the end of 2020, and recent media statements by the Democratic Alliance that they wish to have B-BBEE removed as criteria from government tendering, one can be excused for being uncertain what role B-BBEE will continue to play in state tendering.”