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LATEST BLOGS

Estate Planning and Wills: A Checklist to Protect Your Family
Estate Planning and Wills: A Checklist to Protect Your Family
1 September 2021
Amazingly, here we are in the middle of a deadly pandemic yet still some 70% – 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed When you die your grieving family must start learning to cope without you, don’t expose them to the added uncertainty and worry that they will face if you haven’t left in place a ...
Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test
Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test
1 September 2021
“Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords understand the need to tread carefully whenever the issue of eviction arises. They are required to comply fully with the provisions of PIE (the “Prevention of Illegal Eviction and Unlawful Occupation of Land Act”) – certainly achievable but never to be taken lightly. Bear i...
A Million Rand Warning: Act When Employees Reach Retirement Age
A Million Rand Warning: Act When Employees Reach Retirement Age
1 September 2021
Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy and want to remain engaged and productive. Increasingly, both factors are at play. Regardless, the concepts of an aging workforce and “65 is the new 50” are here to stay, and employers and employees alike need to tackle the cha...
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!
1 September 2021
One of the risks you run in any business is being sued for losses you cause to someone else. Although normally your risk of legal liability is linked to the claimant proving some form of negligence on your part (i.e. the onus is on the claimant to prove your negligence), there are exceptions. To take one example (as seen in the case discussed below) a “carrier of goods for reward by land” has “...
Employee Looting and Strike Violence: When Is Dismissal Fair?
Employee Looting and Strike Violence: When Is Dismissal Fair?
2 August 2021
Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly the “strike” scenario, employees have strongly entrenched rights when it comes to taking industrial action. But strikers who indulge in, or associa...
Violence and Looting – Can You Sue SAPS?
Violence and Looting – Can You Sue SAPS?
2 August 2021
The recent widespread public unrest, destruction of property and looting caused massive loss and damage in two provinces, and our television sets and other news media carried images of rampaging crowds looting and burning – with, for the first few days at least, very little evidence of effective police reaction. Many of those who suffered losses (or their insurers) will no doubt be wondering if...
Noisy Neighbours – Your Rights, and Buyers Beware!
Noisy Neighbours – Your Rights, and Buyers Beware!
2 August 2021
We’ve all had them – noisy neighbours whose dogs bark incessantly, whose late-night parties leave everyone sleep-deprived, whose businesses make working from home and relaxing in the garden an impossibility. We’ll have a look at two aspects of this problem, starting with the option of taking your neighbours to court if a friendly approach to them bears no fruit. What must you prove to get a cou...
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?
2 August 2021
In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business rescue. Creditors coming out of that process with a shortfall (only the luckiest creditors are likely to emerge with full settlement) will naturally look to any personal suretyships they hold to cover that ...
Buying Property from a Company – Should You Buy the Shares or the House?
Buying Property from a Company – Should You Buy the Shares or the House?
5 July 2021
You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company or take over the company (which owns the house and nothing else) by buying the shares and thus avoid the delay and cost of a normal property transfer and registration in the Deeds Office. What shoul...
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