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Can a Homeowners Association take over refuse removal from a local authority?
27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
484
Article
What to expect from the new draft Employment Equity Act Regulations
27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
37
Article
How liable is an owner for damage caused by animals?
26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
524
Article
To click or to ink? Are electronically signed sale of property agreements valid in SA?
26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
19
Article
Safeguarding your legacy for your children
26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
40
Article
AI Rights vs Human Rights
20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
40
Article
How far does employer liability for the actions of its employee extend?
22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
537
Article
Construction Contracts: Is it a “one-size-fits-all” decision?
22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
875
Article
SA’s New Land Court Act – paving the way for settling land disputes
22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

READ MORE
443
Article
South Africa’s four-day workweek trial: the good and the bad
21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

READ MORE
489
Article
Why a clean donation can have sticky consequences
21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

READ MORE
459
Article
An introduction to mergers and acquisitions in South Africa
24 January 2024

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.

READ MORE
156
Article
Can you use your culture to justify being absent from work?
15 January 2024

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.

READ MORE
65
Article
When can you be barred from registering a trade mark?
15 January 2024

A question often asked when consulting with clients about trade marks is when and how can you be barred from... registering a trade mark? 

READ MORE
46
Article
Buyer’s remorse? Can it save you from paying estate agent commissions?
15 January 2024

For buyers, the prospect of a new home can be exciting and daunting. You saw a house that you are... interested in buying, and you want to seal the deal before somebody else does. You sign the Offer to Purchase, then only crunch the numbers and realise you can’t afford the house. Surely you can just withdraw and the seller can continue to sell the property to someone else? No harm, no foul!

READ MORE
42
Article
Owners beware – you have limited time to claim for defects to your house
15 January 2024

You have been living in your new house for a year or two when the issues start – cracks, and... more cracks – all serious and structural. So, can you hold the previous owner liable for this, or have you waited too long?

READ MORE
95
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
484
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
37
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
524
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
19
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
40
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
40
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
537
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
875
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

READ MORE
443
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

READ MORE
489
Article

Why a clean donation can have sticky consequences

21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

READ MORE
459
Article

An introduction to mergers and acquisitions in South Africa

24 January 2024

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.

READ MORE
156
Article

Can you use your culture to justify being absent from work?

15 January 2024

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.

READ MORE
65
Article

When can you be barred from registering a trade mark?

15 January 2024

A question often asked when consulting with clients about trade marks is when and how can you be barred from... registering a trade mark? 

READ MORE
46
Article

Buyer’s remorse? Can it save you from paying estate agent commissions?

15 January 2024

For buyers, the prospect of a new home can be exciting and daunting. You saw a house that you are... interested in buying, and you want to seal the deal before somebody else does. You sign the Offer to Purchase, then only crunch the numbers and realise you can’t afford the house. Surely you can just withdraw and the seller can continue to sell the property to someone else? No harm, no foul!

READ MORE
42
Article

Owners beware – you have limited time to claim for defects to your house

15 January 2024

You have been living in your new house for a year or two when the issues start – cracks, and... more cracks – all serious and structural. So, can you hold the previous owner liable for this, or have you waited too long?

READ MORE
95
Article
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Filter: Family
Can an unmarried father register a child under his surname?

15 November 2021

I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me... as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?

READ MORE
338
Article
Is spanking your child unlawful?

08 March 2018

I saw it reported in the news recently that spanking your child has finally been criminalised. Is this true? Will... this not result in overloading our justice system even more than it already is?

READ MORE
428
Article
Pension interest and divorce

14 December 2016

I’ve been married for 20 years, but my marriage is in trouble and I’m facing the very real possibility that... I may get divorced soon. My husband has a good pension that we’ve planned to use for our retirement, and I am worried that I will not be entitled to any share of that should we get divorced because we are married out of community of property with the accrual? Will this be the case?

READ MORE
361
Article
Can my husband also be my business partner?

12 September 2016

My husband and I are married out of community of property and without the accrual. For the last ten years... we have both worked together in our family business. Due to health reasons, my involvement in the business is becoming less. Our marriage is also upon difficult times, and I am concerned that should we end up in a divorce, whether I would be entitled to share in the profits of the business which we have built up together.

READ MORE
248
Article
Can my child become an Aussie without daddy’s consent?

02 June 2016

I am recently divorced. I want to permanently relocate to Australia with my two minor children as I have obtained... a wonderful work opportunity which will benefit myself and my children tremendously. However, my ex, the father of my two children, refuses to give his consent, despite the fact that the children reside with me. Do I need his consent to take them with me?

READ MORE
286
Article
Can I inherit if not formally adopted?

13 October 2015

I have been raised as the only child by parents who are not my biological parents. Although I regard them... as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?

READ MORE
289
Article

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