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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...
Spousal Maintenance After Divorce and the “Clean Break” Principle
Spousal Maintenance After Divorce and the “Clean Break” Principle
5 July 2021
Our courts always prioritise the interests of children in any marital breakup, and child maintenance orders are accordingly tailored to ensure that both parents honour their obligations to support their children financially – to the extent that each spouse is able to do so, and for so long as is necessary. Spousal maintenance on the other hand requires a more delicate balancing act. In a nutshe...
R4m Damages for a Workplace Sexual Assault
R4m Damages for a Workplace Sexual Assault
5 July 2021
Employers who don’t adequately address the problem of sexual harassment in the workplace can expect to pay the price in court. As can the perpetrators themselves. We look at the case of a woman [PE v Dr Beyers Naude Local Municipality and Another (828/2011) [2021] ZAECGHC 35] whose decade long trek through the courts has finally resulted in a damages payout of just under R4m. The employer and t...
Bodies Corporate: Before You Sequestrate to Recover Arrears
Bodies Corporate: Before You Sequestrate to Recover Arrears
5 July 2021
One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt can be an exercise in frustration and delay, and the more recalcitrant the debtor, the greater the temptation to “go straight for the jugular” by applying to sequestrate ...
11 POPIA Questions to Ask Yourself Before 30 June 2021
11 POPIA Questions to Ask Yourself Before 30 June 2021
7 June 2021
By midnight on 30 June 2021 you must be fully compliant with the Protection of Personal Information Act (POPIA) if you in any way process any personal information relating to a “data subject”. Very few businesses and organisations will fall outside that net, and even fewer will fall into any of the exemptions. The risks of non-compliance are substantial. By way of a last-minute recap we suggest...
When Bond Clauses Sink Sales
When Bond Clauses Sink Sales
7 June 2021
Selling or buying a house is a time of excitement and the culmination of a lot of time and effort on your part, so as soon as the ink dries on your signed sale agreement you will want the transfer process to get underway, and you will want it to keep going without a hitch. The best way to achieve that of course is to be aware of what can go wrong and to proactively take steps to avoid any problems...
The Butcher Who Went to Work With COVID-19
The Butcher Who Went to Work With COVID-19
7 June 2021
The COVID-19 pandemic has exposed both employers and their employees to a whole new slew of risks. One of the more serious is the danger of infected employees coming to work and by doing so endangering the lives of not just their colleagues, but also customers and anyone else unfortunate enough to come into contact with them. A new Labour Court decision confirms that our courts will not hesitat...
Can You Change Your Marital Regime After Marriage?
Can You Change Your Marital Regime After Marriage?
7 June 2021
One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage. The different marital regimes Marry in community of property: This is the default in South Africa if you don’t sign an antenuptial contract (“ANC”) before you marry. All your assets and liabilities (with a few specific exceptions) are po...
Who Gets the House on Divorce?
Who Gets the House on Divorce?
13 May 2021
Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For those unfortunate couples whose marriages do eventually fall apart, often the most important asset in play from both a financial and an emotional perspective is the family home. So it is crucial for any couple contemplating marriage, or cur...
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