NEWS

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

| Property | No Comments

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent…

Cannabis Policies in the Workplace: A Delicate Balancing Act

| Employment and Labour Law | No Comments

“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it…

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

| Family Law | No Comments

“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling…

Contracting with Trusts – Is a Majority Resolution Valid?

| Contract, Property, Trusts | No Comments

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract…

In the Land of the Will, Clarity is King

| Wills and Estate Planning | No Comments

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound…

Rising Damp and Failed Waterproofing: How to Sue the Sellers

| Property | No Comments

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also…

The Pothole Plague – Claiming Damages

| Delict and Civil Claims | No Comments

“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your…

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

| Credit Law | No Comments

“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and…

Property: Why Do You Need an Occupancy Certificate Before You Buy?

| Property | No Comments

“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream…

Who Owns Your Employee’s Invention? Lessons from the “Please Call Me” Saga

| Dispute Resolution | No Comments

24 April 2024 is ‘World Intellectual Property Day’. It’s “an opportunity to explore how intellectual property (IP) encourages and can amplify the innovative and creative solutions that are so crucial…

How to Safeguard Your Digital Presence: A Simple Checklist for Website Compliance

| Business, Information Technology Law / Cyberlaw | No Comments

“It’s important to remember your competitor is only one mouse click away” (Doug Warner) Your website, social media profiles, and other online platforms play a vital role in your business…

When to Lawyer Up

| Court, Litigation | No Comments

“The first thing we do is, let’s kill all the lawyers.” (Shakespeare) Shakespeare must have had an unhappy experience or two with the lawyers of his time to have one…

Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection

| Property | No Comments

“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer…

When is Resignation a Constructive Dismissal?

| Employment and Labour Law | No Comments

“…the prospect of continued employment must be shown to have been objectively intolerable and the employee must have resigned due to the intolerable situation and not for another reason.” (Extract…

Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

| General Interest, Insolvency / Liquidation | No Comments

“MTl’s business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier investors with investments taken from…

Effective 1 March 2024: New National Minimum Wage

| Employment and Labour Law | No Comments

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2024 by 8.5% from R25-42 to R27-58. Domestic Workers: Assuming a work month of…

Budget 2024: Your Tax Tables and Tax Calculator

| Personal Finance, Tax | No Comments

How much will you be paying in income tax, petrol and sin taxes? Use Fin 24’s four-step Budget Calculator here to find out. The unchanged transfer duty and tax tables, with a…

Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them)

| Property | No Comments

“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and…

A Valentine’s Day Thought for Life Partners: What is a “Universal Partnership”?

| Family Law, Wills and Estate Planning | No Comments

“Marriage is the chief cause of divorce” (Groucho Marx) This Valentine’s Day, think about the legal aspects of your romantic relationship. They’re a lot less exciting than the traditional declarations…

You Can (and Should) Both Discipline and Prosecute Thieving Employees

| Criminal Law / Crime, Employment and Labour Law | No Comments

“It’s the profile of the most trusted individual, in a position of trust, like an accountant or bookkeeper. They usually never take leave, and someone who never allows anyone access…

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