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Body corporates and access to information. What are the rules of engagement?
29 May 2024

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

READ MORE
4
Article
The taxes applicable to a deceased estate
29 May 2024

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

READ MORE
3
Article
Be careful not to let your medical negligence claim prescribe
29 May 2024

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

READ MORE
3
Article
Why social media disputes can be a Pandora’s box
29 May 2024

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world.... For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

READ MORE
6
Article
When must I pay my increased sectional title levy?
29 May 2024

Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases... levies? When does the unit owner become responsible for paying such increased levies?

READ MORE
3
Article
To extend or offend: Can you extend your sectional title unit?
29 May 2024

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are... typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

READ MORE
5
Article
Suretyship vs Guarantee. What’s the difference?
02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
654
Article
Leave to Appeal vs Special Leave to Appeal
02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
35
Article
Can Landlords unilaterally charge for additional services?
02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
693
Article
Blazing changes in the National Veld and Forest Fire Amendment Bill
24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
31
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
679
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
359
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
1023
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
40
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
83
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
71
Article

Body corporates and access to information. What are the rules of engagement?

29 May 2024

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

READ MORE
4
Article

The taxes applicable to a deceased estate

29 May 2024

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

READ MORE
3
Article

Be careful not to let your medical negligence claim prescribe

29 May 2024

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

READ MORE
3
Article

Why social media disputes can be a Pandora’s box

29 May 2024

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world.... For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

READ MORE
6
Article

When must I pay my increased sectional title levy?

29 May 2024

Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases... levies? When does the unit owner become responsible for paying such increased levies?

READ MORE
3
Article

To extend or offend: Can you extend your sectional title unit?

29 May 2024

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are... typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

READ MORE
5
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
654
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
35
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
693
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
31
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
679
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
359
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
1023
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
40
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
83
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
71
Article
GO
GO
Filter: Signature
How valid is signing an agreement electronically?

10 February 2021

I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me... their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and binding these agreements are?

READ MORE
367
Article

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