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April 25, 2025

Can a Body Corporate Cut the Power? It’s Complicated

“A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees is that it just became a […]
April 24, 2025

Fixed Term Contracts: A Guide for Employers and Employees

It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements.What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an agreed end date. This could be a fixed end date or a reference […]
April 24, 2025

“Look before you leap.” (Wise old proverb)

“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed – most notably contracts for the sale, exchange, or […]
April 24, 2025

When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse

“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may have a strong urge […]
April 8, 2025

Employers and Employees Take Note: New Earnings Threshold from 1 April 2025

From 1 April 2025, the earnings threshold under the Basic Conditions of Employment Act (BCEA) will increase, impacting not only the BCEA but also employee protections under the Labour Relations Act (LRA) and Employment Equity Act (EEA).  Broadly speaking, employees earning less than the threshold amount are entitled to stronger labour protections.The new threshold  The threshold rises […]
April 8, 2025

Verify Banking Details Before Paying Any Invoice – You’re at Risk, Not the Creditor

“An ounce of prevention is worth a pound of cure.” (Benjamin Franklin’s warning to fire-threatened Philadelphians in 1736) Cases of Business Email Compromise (BEC) fraud continue to surge, and recent High Court decisions have confirmed that it’s up to you to verify that you are paying into the correct bank account.  How does BEC work and […]
April 8, 2025

Disclaimer Notices: How to Strengthen Yours

“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably ignored) disclaimer notices as we enter shopping centres, restaurants, businesses, hotels, sporting venues and the like. Usually, they read something along the lines […]
April 8, 2025

Why You Should Check That Your Estate Agent is Registered With the PPRA

“All that glisters is not gold” (William Shakespeare in Merchant of Venice) Buying or selling a home could be one of the most important financial decisions you’ll ever make. It’s an exciting time – but don’t lose sight of the need to tread with care.  A key player in the process is likely to be […]
April 8, 2025

Budget 2.0: A Mixed Bag, With Good News for Property

“Good in parts” (Like the curate’s egg)Transfer duty threshold increased by 10% You pay no transfer duty if the property you are buying sells for less than the set threshold. The threshold wasn’t increased last year, so this year’s proposed 10% increase from R1,100,000 to R1,210,000 (from 1 April) is a welcome adjustment for inflation. […]
February 26, 2025

“Mortgage”, “Mortgage Bond” and “Home Loan”: What’s the Difference?

Derived from French “mort” and “gage” (literally “dead pledge” because it “dies” when settled), a mortgage secures a creditor’s claim and enables it to sell the bonded property if the debtor defaults in repaying the debt.  In the context of a home loan, strictly speaking, “mortgage” refers to the mortgage bond agreement and to the […]
February 26, 2025

Effective 1 March 2025: New National Minimum Wage

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2025 by 4.4% from R27,58 per hour to R28,79 per hour.  Domestic workers: Assuming a work month of 22 days x 8 hours per day, R28,79 per hour equates to R230,32 per day or R5067,04 per month. Of course, […]
February 26, 2025

Defending Yourself: What Weapons Can You Legally Carry?

“The right of self-defence is the first law of nature.” (St. George Tucker, Blackstone’s Commentaries, 1803) South Africa’s chronically high crime rates have left many of us wondering what the limits are when defending ourselves and our families from criminals. What weapons does the law allow us to carry, what permissions do we need to […]
February 26, 2025

From the Horse’s Mouth: “Should You Use AI for Legal Advice?”

“If you didn’t hear it from the horse’s mouth, it came from the other end of the horse.” (Anon) The rapid rise of AI is hard to ignore. DeepSeek’s AI assistant, only launched on 10 January this year, has grown to rival ChatGPT in popularity, making it the most widely used AI language model at […]
February 26, 2025

Mortgage Bond Arrears: Can You Challenge a Certificate of Balance?

“O, I do not like that paying back.” (Falstaff, in Shakespeare’s Henry IV Part I) A standard clause in loan agreements, suretyships and the like is the “certificate of balance” or “COB” clause.  Typically, it will read something like this (but normally with a lot more verbiage, and bear in mind that every lender has […]
Revenge Porn
January 8, 2025

Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3.55m

“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High Court decision confirms that defamation can […]
Can Unpaid Fees Bar Your Child From Enrolling
January 8, 2025

A New School Year Dawns – Can Unpaid Fees Bar Your Child From Enrolling?

“I have never let my schooling interfere with my education.” (Mark Twain) Our Constitution guarantees everyone rights to education, but that doesn’t mean parents can necessarily pick and choose which schools they send their children to. Nor does it mean that they can expect schools to continue educating their children if they don’t pay the […]
Directors Heres How to Avoid Being Sued for Company Debts
January 8, 2025

Directors: Here’s How to Avoid Being Sued for Company Debts

“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze anything out of the company. Or maybe you worry about the company itself […]
January 8, 2025

How Can I Buy Property in South Africa as a Foreigner?

“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway) Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This country’s magic, how can I […]
November 27, 2024

Fired for not Working on the Sabbath

“One of the hallmarks of an enlightened egalitarian society is the right to freedom of religion.” (Extract from judgment below) Our courts do not tolerate unfair discrimination in the workplace, and employers need to tread particularly carefully when it comes to the concept of “automatically unfair discrimination”. Get that one wrong and you could be […]
November 27, 2024

Estate Planning: Why it Matters, and How To Get Started

“When the hurly-burly’s done, when the battle’s lost and won.” (One of the witches in Shakespeare’s Macbeth) Another year draws to a close! If you’re taking a break, now’s a great time to get started on an estate plan – or to update your existing one. Estate planning is one of the most important steps […]