News & Articles

Remission of rent and sub-lessees

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?

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How to maximise your training for BEE recognition

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.

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Appeal Court settles debate on when you can claim arrear maintenance

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?

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Can a foreigner qualify as BEE shareholding in your business?

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?

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To post or not to post? When is privacy violated?

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?

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Hybrid work arrangements are great, but is your business information safe?

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?

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Is Preferential Procurement really important for your business?

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.

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Phatshoane Henney Group Transformation Report 2020/21

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.

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Must a psychometric test be certified?

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?”

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How are whistle-blowers protected?

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.

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Is arbitration a good option for solving legal disputes?

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?”

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Who qualifies as a Black person under the BEE Act?

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?”

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Can I use a drone for taking photos?

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?”

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