News & Articles
When can you be barred from registering a trade mark?
A question often asked when consulting with clients about trade marks is when and how can you be barred from registering a trade mark?
Tax Evasion vs Tax Avoidance!
Every day South Africans pay tax, whether it be for VAT charged on basic goods, fuel levies or the dreaded estate duty on passing. It is safe to say that with taxes around every corner, it is reasonable that a person would look into how to validly limit one’s tax exposure. This brings to front and centre the question of what is construed as tax evasion or tax avoidance.
Can you use your culture to justify being absent from work?
Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.
When a spouse hides assets away in a trust…
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.
Do criminal charges trump a disciplinary hearing?
Should an employee be criminally charged in respect of conduct that happened at the employee’s workplace, the question can arise as to whether the employer is now prohibited from proceeding with disciplinary action against the employee given the pending criminal charges.
AI and the Law – take note of the fine print!
Increasingly chatbots, search engines and artificial intelligence-driven engagement platforms have been in the news, often for the amazing capabilities they demonstrated, but sometimes also for the dangers they pose. This raises the question of how far lawyers can go in relying on these incredible AI interfaces to help them get answers and enhance their work.
Anti-dividend stripping rules – when dividends turn into capital gains
Dividend stripping has been under the watchful eyes of the South African Revenue Service (“SARS”) for some time. As a highly technical topic, we will take a look in this article only at the anti-dividend stripping rules that may apply to dividend stripping.
New SARS beneficial ownership disclosures when filing your trust tax returns
Trustees should take note of additional requirements relating to the filing of provisional Trust tax returns in January 2024 as SARS climbs on the beneficial ownership reporting train.
Latent defects, prescription and your newly bought home
Home buyers are often worried about the risk of discovering a latent defect after they have bought a home, particularly where sellers may have gone to some length to hide the defects to get the house sold. In this article we take a look at the role prescription plays when discovering defects and how this may affect the buyer’s ability to take steps against a seller.
Must a sectional title scheme developer also pay levies?
On closer inspection of the Sectional Title Schemes Management Act 8 of 2011 (‘Act’), it is clear that the developer forms part of the body corporate, and the Act and its financial obligations are also applicable to the developer.
The practicalities of a sectional title scheme
“I have recently acquired a piece of land and I think it has great potential for sectional title development. Will this be a good investment and what are the practicalities that I need to keep in mind?”
Right-of-way servitude and how to register it?
Registration of a right-of-way servitude can be a useful and sometimes vital mechanism granting the holder of such a right a method through which to travel to and from their property. In this article, we will discuss what a right-of-way servitude is, how such a servitude is created, how it will lapse or how it can be cancelled.
Can Sectional Owners install Solar Panels at their Unit in a Sectional Title Scheme?
In response to severe power cuts in South Africa, sectional owners are exploring alternative and renewable power solutions to mitigate the impact of loadshedding, prompting questions about the legalities and requirements for installing solar panels at sectional units.
Navigating the boundaries of ancestral practices in a sectional title scheme
“A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?”
Trustees take note – new platform for your trust Beneficial Ownership reporting
This October, the Acting Chief Master signed a directive introducing the new electronic platform for reporting Beneficial Ownership information at the Master. This new platform was introduced after the Master received an overwhelming number of concerns from Trustees about the reliability, privacy, security and functionality of the Google Forms document that was previously used for Beneficial Ownership submissions to the Master.
Does a claim for maintenance fall away when you die?
A question that often arises is what happens to a person’s maintenance obligations when they pass away. In this article, we have a look at what the legal position is regarding maintenance in the event of death.
Navigating spousal maintenance in your Antenuptial contract
When getting married a common option for couples is to select getting married out of community of property with the accrual system. This requires an antenuptial contract to be drawn up by a notary. But what happens if one of the spouses wishes to also in the antenuptial contract exclude the right to claim maintenance should they get divorced. Is that at all enforceable?
Should you consider massing your estate?
A term often encountered in estate planning but generally not always that well understood, is the “massing” of estates. In this article we take a look at what is meant by “massing” and when it makes sense to use massing in estate planning.
Real estate in a deceased estate – what are the options?
Dealing with real estate in a deceased estate can be a complex and emotionally challenging process for heirs. In such situation, understanding the available options, addressing cash shortfalls, and resolving disputes are essential steps in the administration of the deceased’s assets. In this article we shed light on these crucial aspects and provide guidance to heirs on facing these challenges.
Estate Planning – a necessary tool in uncertain times
The last number of years have seen the world go through dramatic changes, pandemics, environmental upheavals, wars, financial volatility and massive political uncertainty affecting every individual and country in one way or another.
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Cybercrime – a clear and present danger for individuals and businesses
Cybercrime has become a global pandemic with South Africa leading the charge in terms of countries that have become a hotspot for cybercrime, earning us the dubious honour of being labelled the cybercrime capital of Africa. With October being international cyber security awareness month, we touch on some of the issues and risks which South African businesses face with respect to cybercrime.
Beware of the VAT pitfall in your sale of property agreement
An item that is often overlooked when buying or selling property is the issue of VAT and whether such is payable and by whom. Property sale agreements generally stipulate how this should be dealt with, but just as often, agreements can be silent on the issue of VAT. So, what then is the correct position?
Does a construction contract have to be in writing?
You’ve been planning to make some upgrades to your home and you’ve approached a building contractor with a good reputation who is happy to take the job. The only question remaining is, do you have a written construction agreement drawn up, or can you and the contractor verbally agree on the scope of work and price?
An introduction to mergers and acquisitions in South Africa
Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.
South Africa: AI and data privacy regulations – the complexities of AI technologies and processingpersonal information
There have been radical developments in various artificial intelligence (AI) models, with ChatGPT being the most prominent. ChatGPT serves as a language-based AI chatbot that uses a set of techniques referred to as deep learning that has continuous learning capabilities. As a result of these revolutionary AI developments, businesses have acknowledged the valuable insights that AI platforms can provide. It facilitates the generation of contracts, marketing content, CVs, articles, essays, and much more. It does so by gathering and processing data sourced from the internet, encompassing large sets of data derived from books, articles, and other online resources. PR de Wet and Jako Fourie, from VDT Attorneys Inc., examine the impact of POPIA on AI developments, with a specific focus on the processing of data by automated means through AI.
South Africa: What to expect from the Information Regulator in 2023
Since the inception of the Protection of Personal Information Act, 4 of 2013 (POPIA), the Information Regulator has achieved some significant milestones in terms of POPIA and the Promotion of Access to Information Act, 2 of 2000 (PAIA). In this Insight Article, PR de Wet and Mishka Cassim, analyze the milestones accomplished in 2022 and the expectations for 2023.
International: Privacy by Design – prioritizing security in business.
In today’s current digital space, safeguarding privacy and ensuring that your business is compliant with the various cyber laws and data privacy regulations is crucial to ensure that business operations are well protected. In this article, PR de Wet and Mishka Cassim, seek to address some of the most important issues companies face and need to consider on a global scale when addressing privacy concerns.
What you need to know about mortgage bonds in South Africa
The aim of this article is to provide prospective and current homeowners with some insight into mortgage bonds, different types of bonds recognised in South Africa and addressing frequently asked questions relating to mortgage bonds.
Knowing your fire danger rating
Landowners and the public should take heed of fire danger ratings as this may help anticipate potential veld fires (wildfires).