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Legal Speak Made Easy
May 28, 2024

Legal Speak Made Easy

“Suspensive” or “Resolutive” Condition? You will find suspensive and resolutive conditions in many types of contracts, including property sale agreements and the like. A suspensive condition (a bond clause is a commonly-encountered example) provides that the contract is “suspended” until the condition is fulfilled – e.g. a sale becomes binding only when the buyer’s bond is granted. […]
Contracting with Trusts
May 28, 2024

Contracting with Trusts – Is a Majority Resolution Valid?

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another reminder to tread carefully when contracting with trusts. Your agreements with […]
Siblings Feuding Over a Business
May 28, 2024

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of the very strong protections offered to them by the Domestic Violence Act (“DVA”). […]
Cannabis Policies in the Workplace A Delicate Balancing Act
May 28, 2024

Cannabis Policies in the Workplace: A Delicate Balancing Act

“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy, dangerous and similar equipment, from consuming cannabis in the privacy […]
Why an Oral Estate Agency Mandate Isnt Worth the Paper Its Written On
May 28, 2024

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property. Whatever the transaction involved, make sure that the agency mandate […]
Legal Speak Made Easy
April 26, 2024

Legal Speak Made Easy

“Insolvency”, “Liquidation” or “Bankruptcy”? Commonly confused, these terms are usually encountered in the context of debtors who are unable to pay their debts. An individual’s or trust’s estate is “sequestrated” and a “trustee” appointed to sell the insolvent estate’s assets and to distribute the proceeds according to legal principles. A similar (but not identical) process […]
Lending to a Friend or Relative
April 26, 2024

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But beware – if relations sour and your friend/relative can’t or won’t repay you, you may not be able […]
The Pothole Plague Claiming Damages
April 26, 2024

The Pothole Plague – Claiming Damages

“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet again that those charged with maintaining our roads can be […]
Rising Damp and Failed Waterproofing- How to Sue the Sellers
April 26, 2024

Rising Damp and Failed Waterproofing: How to Sue the Sellers

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a lack of knowledge” (Extracts from the judgment below) Consider […]
In the Land of the Will Clarity is King
April 26, 2024

In the Land of the Will, Clarity is King

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the judgment below) When drawing up […]
Legal Speak Made Easy
March 27, 2024

Legal Speak Made Easy

“Pro Bono” “Pro bono” (or “pro bono publico” meaning “for the public good”) is normally used in the context of free legal advice and assistance given by lawyers to people unable to afford them, but it can also refer to other professional services provided voluntarily and without charge. Per the Law Society of South Africa, “To qualify for […]
When to Lawyer Up
March 27, 2024

When to Lawyer Up

“The first thing we do is, let’s kill all the lawyers.” (Shakespeare) Shakespeare must have had an unhappy experience or two with the lawyers of his time to have one of his characters utter that threat, but the reality is that every aspect of our lives is touched at one time or another by the […]
How to Safeguard Your Digital Presence A Simple Checklist for Website Compliance
March 27, 2024

How to Safeguard Your Digital Presence: A Simple Checklist for Website Compliance

“It’s important to remember your competitor is only one mouse click away” (Doug Warner) Your website, social media profiles, and other online platforms play a vital role in your business strategy and in staying ahead of your competition at all times. However, it’s not just about marketing effectively. Ensuring compliance with regulations is equally crucial, […]
Who Owns Your Employees Invention Lessons from the Please Call Me Saga
March 26, 2024

Who Owns Your Employee’s Invention? Lessons from the “Please Call Me” Saga

24 April 2024 is ‘World Intellectual Property Day’. It’s “an opportunity to explore how intellectual property (IP) encourages and can amplify the innovative and creative solutions that are so crucial to building our common future.” (The UN’s World Intellectual Property Organization) It’s a case that has been making headlines for years, the “Please Call Me” […]
Property: Why Do You Need an Occupancy Certificate Before You Buy?
March 26, 2024

Property: Why Do You Need an Occupancy Certificate Before You Buy?

“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The Municipality tells you no occupancy certificate was ever […]
Legal Speak Made Easy
February 28, 2024

Legal Speak Made Easy

“Prima facie” Literally meaning “at first face” or “at first sight”, this term is often used in statutes and contracts to provide that a document is proof of the facts recorded in it in the absence of evidence to the contrary. A birth certificate or a bank certificate of balance are common examples. It can […]
New National Minimum Wage
February 28, 2024

Effective 1 March 2024: New National Minimum Wage

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2024 by 8.5% from R25-42 to R27-58.  Domestic Workers: Assuming a work month of 21 days x 8 hours per day, R27-58 per hour equates to R220-64 per day or R4,633-44 per month. The Living Wage calculator will help you check […]
Budget 2024
February 28, 2024

Budget 2024: Your Tax Tables and Tax Calculator

How much will you be paying in income tax, petrol and sin taxes? Use Fin 24’s four-step Budget Calculator here to find out. The unchanged transfer duty and tax tables, with a note on fiscal drag  Unchanged from last year, so taxpayers can breathe a sigh of relief that rates have not been increased as many forecasters […]
Ponzi Schemes
February 28, 2024

Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

“MTl’s business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier investors with investments taken from later investors.” (Extract from the MTI judgment) Recent media reports of the MTI (Mirror Trading International) liquidators making repayment demands of investors highlight once again […]
Constructive Dismissal
February 28, 2024

When is Resignation a Constructive Dismissal?

“…the prospect of continued employment must be shown to have been objectively intolerable and the employee must have resigned due to the intolerable situation and not for another reason.” (Extract from judgment below) Perhaps you are an employer, and that troublesome employee who you’ve been hoping would resign does exactly that. Saving you, as you […]