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LATEST LEGAL INSIGHTS
articles. blogs. multimedia videos
search our database for interesting legal articles
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.
show more
READ MORE
249
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.
show more
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19
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.
show more
READ MORE
251
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
16
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.
show more
READ MORE
663
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.
show more
READ MORE
61
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?
show more
READ MORE
1001
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.
show more
READ MORE
31
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.
show more
READ MORE
62
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.
show more
READ MORE
58
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.
show more
READ MORE
560
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.
show more
READ MORE
919
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.
show more
READ MORE
472
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.
show more
READ MORE
523
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.
show more
READ MORE
486
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.
show more
READ MORE
171
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.
show more
READ MORE
249
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.
show more
READ MORE
19
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.
show more
READ MORE
251
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
16
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.
show more
READ MORE
663
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.
show more
READ MORE
61
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?
show more
READ MORE
1001
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.
show more
READ MORE
31
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.
show more
READ MORE
62
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.
show more
READ MORE
58
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.
show more
READ MORE
560
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.
show more
READ MORE
919
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.
show more
READ MORE
472
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.
show more
READ MORE
523
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.
show more
READ MORE
486
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.
show more
READ MORE
171
Article
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Filter: Tax benefits
When two become one, there are tax benefits
15 July 2022
When dealing with mergers and acquisitions, the one question that always arises is what tax relief, if any, exists for
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companies that are contemplating a merger?
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385
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