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Merger retrenchments or operational cuts – Where’s the line?
27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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19
Article
New rules: will we say goodbye to unwanted direct marketing?
27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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20
Article
Are you an Accountable Institution under FICA?
27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

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29
Article
Injured by a hazardous product? Know your rights!
27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

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18
Article
Is your business ready for the new Employment Equity rules?
27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

READ MORE
14
Article
Reconsideration under Section 17(2)(f): still a safety net?
06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

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47
Article
Navigating harassment in community schemes
06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

READ MORE
43
Article
POPIA: protecting health and sex life data privacy
06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

READ MORE
46
Article
Beneficial Ownership reporting: dormant and deregistered trusts
06 February 2025

Is reporting still required for dormant or deregistered trusts? Uncover the key details you need to know! 

READ MORE
718
Article
Vodacom-Maziv merger blocked: competition vs public interest
05 February 2025

The proposed Vodacom-Maziv merger, combining the largest mobile operator with a key fibre player, highlights the delicate balance between competition... and public interest in mergers.

READ MORE
538
Article
Employee rights in business transfers
03 February 2025

An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale... taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.

READ MORE
40
Article
Signed, sealed, (e)-delivered: digital leap for Land Registration System
03 February 2025

Say goodbye to paper trails! The Deeds Registries Amendment Act is transforming South Africa’s land registration system, including amendments, to... a shift to digital. Find out how these game-changing reforms will streamline property transactions and reshape the future of land registration. 

READ MORE
56
Article
Capital gains distributions between trusts – who gets taxed?
03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

READ MORE
78
Article
When and how can a trustee resign from a trust?
03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

READ MORE
89
Article
Can you challenge maintenance when you’re in arrears?
03 December 2024

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

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61
Article
Can a sale in execution proceed while an appeal hangs in the balance?
03 December 2024

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

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67
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
19
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
20
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

READ MORE
29
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

READ MORE
18
Article

Is your business ready for the new Employment Equity rules?

27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

READ MORE
14
Article

Reconsideration under Section 17(2)(f): still a safety net?

06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

READ MORE
47
Article

Navigating harassment in community schemes

06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

READ MORE
43
Article

POPIA: protecting health and sex life data privacy

06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

READ MORE
46
Article

Beneficial Ownership reporting: dormant and deregistered trusts

06 February 2025

Is reporting still required for dormant or deregistered trusts? Uncover the key details you need to know! 

READ MORE
718
Article

Vodacom-Maziv merger blocked: competition vs public interest

05 February 2025

The proposed Vodacom-Maziv merger, combining the largest mobile operator with a key fibre player, highlights the delicate balance between competition... and public interest in mergers.

READ MORE
538
Article

Employee rights in business transfers

03 February 2025

An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale... taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.

READ MORE
40
Article

Signed, sealed, (e)-delivered: digital leap for Land Registration System

03 February 2025

Say goodbye to paper trails! The Deeds Registries Amendment Act is transforming South Africa’s land registration system, including amendments, to... a shift to digital. Find out how these game-changing reforms will streamline property transactions and reshape the future of land registration. 

READ MORE
56
Article

Capital gains distributions between trusts – who gets taxed?

03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

READ MORE
78
Article

When and how can a trustee resign from a trust?

03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

READ MORE
89
Article

Can you challenge maintenance when you’re in arrears?

03 December 2024

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

READ MORE
61
Article

Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

READ MORE
67
Article
GO
GO
Filter: Divorce
Can you stop your spouse from sharing in your pension fund after divorce?

28 March 2023

Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share... in their pension?

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280
Article
Is an agreement between spouses contrary to the ANC valid?

10 January 2023

Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?

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408
Article
Can you claim maintenance for your adult children?

15 September 2022

It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent... child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?

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619
Article
Will trust assets form part of your estate at divorce?

15 September 2022

Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money... and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?

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532
Article
Can you sequestrate an ex-spouse for failing to pay maintenance?

14 September 2021

My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying... he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have him sequestrated so he can pay up?

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900
Article
Further levelling of the playing field with the new Recognition of Customary Marriages Amendment Act

14 July 2021

My mother is a black woman who has been married since the early 1970’s to my father in accordance with... customary law. They have never concluded a civil marriage, and my mother has also been our home provider while my father worked. Their marriage has become strained over the last couple of years, and I’m worried about my mother, should my father decide to divorce her. What are her marital rights?

READ MORE
867
Article

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