News & Articles
Can a body corporate accept less than full outstanding levies?
The recent Covid-pandemic has affected many people financially and body corporates are also regularly confronted with owners that fall behind in their levies and receive requests for reduced payments. But, can a body corporate just accommodate such requests and settle for a lower amount or write off arrear levies?
Remission of rent and sub-lessees
The Covid-pandemic caused a major disruption to many commercial rental properties, with lessees claiming remission of rent because of their inability to use and enjoy the rental properties. Although subject to many factors, it is common cause that lessees have been able to claim remission of rent due to Covid-19. But what is the position when it comes to a sub-lessee? Can a lessee claim for remission of rent if the sub-lessee was deprived of occupation?
Can the proceeds of a sale of property be used to settle arrear maintenance?
Maintenance is payable in terms of a maintenance order and requires strict compliance. A number of options are available in the case of default to recover arrear maintenance, with the most effective remedy depending on the facts of each case. But will this include laying claim to the proceeds of a sale of property of the defaulter, or is this going too far?
How to maximise your training for BEE recognition
The various types of skills training available in South Africa and the corresponding BEE recognition it provides, has become very technical, resulting in many businesses finding it difficult to decide on and implement the appropriate training programmes to achieve their desired training and BEE goals. Here we discuss and simplify the most prevalent types of training in South Africa and also address BEE recognition applicable to the different types of training.
Should you bother with a shareholders’ agreement?
You’ve decided to set up a company or have had a company for a while but have never gotten so far as to have a shareholders’ agreement drawn up for the company shareholders. You’ve wondered if it’s necessary or even what the point of a shareholders’ agreement is. In this article we briefly explain the purpose of these company documents and how they relate to each other.
Appeal Court settles debate on when you can claim arrear maintenance
A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wondering if there is anything she can do to get her ex to pay the maintenance he should have paid?
Clarity on what you can claim for from the Road Accident Fund
Quite a few long-weekends are coming up and with thousands of South Africans heading out on our roads during this period the worry about the large number of accidents on our roads is again top of mind. It also raises a quite common question of what can you claim from the RAF if you or a family member were injured or died as a result of a car accident on our roads.
The legal consequences for a business after a cyber-attack
You have an online store through which you sell products. Although you have taken precautions, the risk of a cyber-attack remains a concern as you hear about more and more businesses that suffer attacks. Apart from the reputational risk which could be massive, you also wonder about legal consequences when you consider the impact of data protection legislation.
Can you take steps against an employee who refuses to testify?
Often when employers are confronted with serious misconduct by an employee, a vital part of the disciplinary process is to have other employees testify about the misconduct where they were eye witnesses and/or have knowledge of the misconduct committed. But what happens when an employee refuses to testify against another employee?
Can a foreigner qualify as BEE shareholding in your business?
Your company is looking at to increase its BEE shareholding and you have identified a potential BEE partner. Despite being very optimistic about the partner, you have in your due diligence discovered that your potential partner – although a black person – was not born in South Africa. This raises the question of whether this partner would qualify as a BEE partner should you continue with the BEE deal?
The drive to transform under the new Property Practitioners Act
With all the media focus lately on the new Property Practitioners Act and new regulations and requirements regarding Fidelity Fund certificates, it’s easy to miss the impact this Act intends to make on much-needed transformation of the property sector. Here we highlight a few of the key measures that will impact on transformation in the property industry.
To post or not to post? When is privacy violated?
Your neighbour has been piling heaps of rubbish on his sidewalk. You’ve raised the issue with him but to no avail. Now you’ve taken photos of the mess and want to post them on Facebook to try and get other neighbours to also put pressure on him to clean up the mess. However, you pause and wonder about whether you can post the photos and identify your neighbour. Is it an invasion of privacy, or in the public interest?
Hybrid work arrangements are great, but is your business information safe?
Your business was forced to enable staff to work remotely during lockdown. Surprisingly, it worked so well for both staff and your business that you have continued with a hybrid working environment with staff working from home and the office on a rotational basis. Productivity has not been affected and staff appreciate the flexibility that the hybrid work arrangement provides. A nagging issue though is the question of whether your business information is as secure with staff being at home as it is in your secure office environment?
Can you dismiss an employee for refusing to be vaccinated?
Many companies are struggling with the question of whether they can make it mandatory for their employees to be vaccinated against the Covid-19 virus and, if necessary, even take disciplinary steps against an employee who refuses to be vaccinated. So what does our law say about this?
Is Preferential Procurement really important for your business?
As much as B-BBEE legislation and scorecards have become a general part of the business landscape for many companies, the procurement aspect remains a difficult one for businesses to get right and understand how important it is to their overall scorecard result. Below we unpack the Preferential Procurement Element of the B-BBEE Scorecard in more detail to illustrate how careful a business should be not to ignore this crucial element in their planning.
Exploring the new Property Practitioners Act
Most estate agents by now know that the new Property Practitioners Act has come into effect. Yet surprisingly, there is still a lot of confusion about how the Act will affect Estate Agencies and their agents. To help, we have unpacked some of the key points to be considered by any estate agency and property practitioner.
Phatshoane Henney Group Transformation Report 2020/21
It is our privilege to present this fourth Group Transformation Report for the periods 2020/21.
Despite the challenges to the legal industry over the past two years, largely due to the impact of the Covid-19 pandemic, the contributions of our member firms to transformation over the preceding two years, have on the whole managed to eschew the trend with member firms demonstrating an impressive commitment to transformation despite their own pandemic challenges.
Must a psychometric test be certified?
“I have been investigating the use of psychometric tests at my business to better screen potential job applicants. A friend however informed me that I should be careful and make sure that whatever test I use is certified by the Health Professions Council. Is this so, because I’m struggling to find tests that are so certified?”
How are whistle-blowers protected?
How far will the law protect you when you blow the whistle on fraud or corruption at your workplace? In South Africa today this is a pertinent question and an important one for us as citizens working towards an honest and ethical society. If we feel unprotected in making a disclosure of illegal behaviour this inhibits the freedom of persons to make the choice to disclose.
When must a director disclose a financial interest?
Being a director in a company does not necessarily stop you from holding shares in other companies. However, should your company transact with another company in which you have a shareholding stake and from which you could potentially benefit, it becomes important that you disclose such financial interest to your co-directors, even if you can’t influence the transaction.
The Competition Commission is also an enforcer of BEE
Companies showing substantial growth, are likely to attract the interest of investors who may want to acquire the company. Should a company be black-owned and such ownership be dramatically affected by an acquisition, such acquisition my run the risk of being blocked by the Competition Commission.
What if the employee working from home, does not work at home?
If your business has employees working from home, you may be concerned about whether your employees are in fact working their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?
At long last, clarity on whether you can transfer your water rights
Because of the ample rain that has fallen countrywide, many dams are full, leading to cases where people do not have use for their water rights. So, it begs the question as to whether it is possible to sell your water rights to someone else?
What legal costs can a creditor charge a debtor to recover outstanding debt?
When times are tough, you may not get around to paying all your bills. But be warned, if neglected for too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder whether all these costs are allowed? Lets unpack what the law says.
Can you avoid bond cancellation costs?
When your property is in the market and you cancel your bond, is there any way to avoid the bank’s cancellation fee?
Is arbitration a good option for solving legal disputes?
“Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?”
How should co-executors of a deceased estate act?
“My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?”
Companies Act Amendment Bill – less red tape or more?
“I understand there are amendments being proposed to the Companies Act? Will this help make life easier or harder for our company? It feels as if there is always just more red tape whenever the law changes.”
Who qualifies as a Black person under the BEE Act?
“I have a black woman that has been working for me for a number of years. She is an asset to my business and I have been planning to give her shares in my company. However, she’s from Zambia and is only a permanent resident of South Africa. Will she qualify as a black shareholder for purposes of BEE legislation if I make her a shareholder?”
Can I use a drone for taking photos?
“I’m a wedding photographer and have started using a drone to add an additional element to my wedding photography. One of my clients however asked whether I’m allowed to fly a drone and take photos as they don’t want to get in trouble if they use me for the wedding. I thought it was ok, but now I’m not sure. Can I use a drone for taking photos and videos?”