Blog

May 6, 2022

More time to benefit from the learnership tax incentive

The Learnership Tax Incentive, which was introduced in the Income Tax Act on 1 October 2001, is a programme that supports skills intensity through the tax […]
May 6, 2022

Make talent mobility work for your business

In today’s dynamic business environment, the need to adapt and keep up with client demands, changing market conditions, technology innovation, and increased globalisation, makes it imperative […]
May 6, 2022

Are estate agents ready for the change to come?

Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may […]
May 6, 2022

Immovable property ownership and spouses

INTRODUCTION When does a spouse who is entitled to receive a half share in immovable property become the owner of that half share? Does the real […]
April 13, 2022

Take your homeowner relationship to the next level

Despite the recent interest rate increase, South Africa is still currently in what is deemed a “buyer’s market”, where first-time homebuyers are enjoying the opportunity of […]
April 13, 2022

Life partners now qualify for intestate succession

The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in […]
April 13, 2022

Selling a property with defects: What you need to know

The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and […]
April 13, 2022

Where does the law stand on bullying?

In recent years, reports of bullying incidents have been on the increase in schools and have reached a point where some have tragically resulted in loss […]
March 16, 2022

Legal remedy for contractors to enforce payment

In many instances, contractors put in all the work and comply with the terms of the agreement; however, they receive less or no payment. In the […]
March 16, 2022

Can neighbours interfere in building plans?

Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental […]
March 16, 2022

The cost of losing a legal battle

I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded […]
March 16, 2022

How to avoid exhausting your human resources

Everyone handles life’s pressures differently, which is no exception at the workplace. Some job-related stress may be unavoidable, such as leading a meeting for the first […]
January 24, 2022

How do I register a trust?

A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your […]
January 24, 2022

Personal servitudes and it’s effect on transfer duty

According to reports, given current low interest rates, there have been an uptick in property transactions. Therefore, it is worthwhile considering the potential impact of any transfer duty taxes to […]
January 24, 2022

Thinking of buying your first property?

The question of whether renting or buying is the best is almost always in circulation in the real estate industry. While one is affordable in the short term, […]
January 24, 2022

Can I claim interim relief pending my divorce suit?

Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties […]
January 20, 2022

Het Afrikaans nog ’n plek in besigheid?

Globalisering is ’n onvermybare nagevolg van ’n tegnologiese-gedrewe wêreld waar die beperkings van tyd en plek minder en minder begin saak maak. Dit wil voorkom dat die wêreldwye […]
January 20, 2022

The current state of the rental market

While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, nevermind lockdown regulations and social distancing protocols, the real […]
January 20, 2022

The rising popularity of sectional title ownership

Sectional titles have become a staple in the real estate industry over the past decades. And with all the benefits that come with it, it makes sense. Heightened security, lower insurance […]
December 10, 2021

Resigning with immediate effect, or not?

Employees often consider to immediately terminate their employment relationship due to a new opportunity arising or to avoid responsibility when faced with disciplinary procedures. Employment relationships are governed by an […]
December 10, 2021

The ups and downs of property co-ownership

Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items that most people have […]
December 10, 2021

Suretyship agreements: What are they and what are the requirements

A deed of suretyship is an agreement that is concluded by a creditor and a third party. The essentialia of this type of agreement are that […]
November 17, 2021

Deceased’s will declared invalid, despite clear wishes

The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed and witnessed. […]
November 17, 2021

Preparing your budget for your dream home

Purchasing a new home is undoubtedly an exciting decision, but it is also an extremely emotional one. A home is where family traditions are brought to […]
November 17, 2021

Getting technical with disciplinary hearings

When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As […]
November 17, 2021

Can SARS correct my assessment?

A taxpayer who is aggrieved by an assessment or decision of SARS against that taxpayer has the right to dispute that assessment or decision. If an […]
October 13, 2021

How to save your business with better cash flow management

Are you sitting down? Let us share a frightening statistic with you. In a report published by FinFind in November 2020, it was found that 42.7% of small businesses in South […]
October 13, 2021

Owner or keeper of dog – who is liable for the harm caused by animals?

This issue was recently dealt with in length in the SCA matter of Van Meyeren v Cloete (636/2019 [2020] ZASCA 100 (11 September 2020), where the focus of the SCA […]
October 13, 2021

Central living: The real estate solution you’ve been waiting for

Even before the pandemic changed the way we see our home and work environments, with many finding for the first time that these two could be the same […]
October 13, 2021

Do you have cause for action for unjustified enrichment?

South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. […]
September 6, 2021

Ignoring a court order because the court is wrong

When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court may cause a court to hold you […]
September 6, 2021

Ensure that your home is insured

Home insurance is there to protect one of the most important assets you own. And when done properly, it will allow you to insure both the structure of your home and the […]
September 6, 2021

Is it time to downsize?

Property ownership in today’s economy is no small feat. But even when you’ve worked most of your adult life towards buying the family home of your dreams, the possibility of downsizing should never be discounted. Whether you’re looking at lowering the […]
September 6, 2021

The traditional office is dying, what’s next?

Let’s face it, in a post-pandemic world, the traditional office is in danger. Commuting hours to work just to go sit at a desk with, relatively speaking, a bunch of other strangers breathing the same air no […]
August 11, 2021

Conflicts of interest in the execution of an estate

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance […]
August 11, 2021

Do I still need to pay my debt after all this time?

What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing […]
August 11, 2021

How to minimise your business’s risk of internal crime

Every now and then a new news story is published of an employee who steals a great sum of money from the company they work for. Most […]
August 11, 2021

The POPI Act is finally in full effect – Are you ready

The Protection of Personal Information (POPI) Act came into full effect on the 1st of July 2021. If you still haven’t implemented your POPI compliance strategy, it is strongly advisable […]
June 21, 2021

Are your efforts to gain customers making you lose them?

There is a little tip to the success of every business that many people disregard: Customers are vital to the success of your business. Of course, you knew that already. […]
June 21, 2021

Make the property transfer easy by picking the right conveyancer

Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally follows that you need to ensure that you don’t […]
June 21, 2021

How the amendment to the Civil Union Act affects marriage officers

The Civil Union Act 17 of 2006 (“the Act”) was enacted to provide for the solemnisation of civil unions by way of either a marriage or civil […]
June 21, 2021

Don’t let your property lose traction because of bad pricing

Finding the best pricing strategy has always been a vital part of selling a property, but it may be more difficult than before thanks to the […]
May 20, 2021

OHS: Fires, first-aid, and facilitating safety in the workplace

It is a thing of human psychology to be aware of the potential danger in our surroundings, which makes it very easy for us to keep […]
May 20, 2021

Six ways you can improve your business’s cybersecurity measures

How well are you equipped for handling cyber threats to your business? Take the quiz below to test your knowledge on cybersecurity. You just received an […]
May 20, 2021

Employment contract and the validity of additional instruction

It often happens that employers give instructions to employees that do not form part of their usual routine. This article will briefly discuss whether employees are obliged to execute all instructions […]
May 20, 2021

Considerations for dismissal based on refusal to be vaccinated

The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it […]
May 4, 2021

Arbitrary practices by SARS when issuing assessments

The Tax Administration Act provides for the audit and verification of taxpayers’ tax returns for all taxes administered by the Commissioner for the South African Revenue […]
May 4, 2021

What role do grandparents play in a child’s wellbeing?

By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship […]
May 4, 2021

Defamation: What are the requirements?

The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It […]
May 4, 2021

7 steps for dealing with excuses in the workplace

Nobody loves an excuse. It’s even worse when it’s blatantly obvious that the task you assigned to one of your employees was completely overlooked, unprioritised, and left to the […]
April 1, 2021

Think twice before you take the law into your own hands

It is a well-established principle in South African law that a person may not take the law into his or her own hands. People aggrieved by the conduct of […]
April 1, 2021

Buying and selling: Avoid the potential nightmare

Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a close? Facilitating the transition of homeownership comes with an array […]
April 1, 2021

Choose your information officer wisely

When, in the early 1990s, the personal computer was becoming popular in South Africa, people were slowly but surely starting to migrate physical activity to a […]
April 1, 2021

What tenants need to know to protect their rights

Must my residential lease agreement be in writing?  It is currently not a requirement for a residential lease agreement to be in writing – a verbal […]
March 17, 2021

Have all the legal costs been covered?

In terms of Section 35(7) of the LPA, practising attorneys and trust account advocates must provide a written notice confirming a legal instruction and giving a cost estimate to a […]
March 17, 2021

Real communication with real people happens face-to-face

One of the biggest challenges in the workplace is that of communication. Everything we say (and do not say) has an immense impact on the effectiveness and functionality of […]
March 17, 2021

The importance of contract renewal after expiry of fixed-term contracts

In Department of Agriculture, Forestry and Fisheries v Teto and Others,1 the Labour Appeal Court (“LAC”) considered whether the termination of employees initially engaged on fixed-term contracts constituted a dismissal on […]
March 17, 2021

Do I have to pay maintenance to my spouse when we get a divorce?

The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled […]
February 25, 2021

5 Considerations for growing your business in 2021

2020 was an immensely difficult year. Because of the economic downturn in the country, it left a lot of businesses with insurmountable odds to make things […]
February 25, 2021

What’s next for the property market?

Many industries are piecing things back together again this year, as they try to recover from the effects of the pandemic or recreate themselves to remain relevant […]
February 25, 2021

How to lead when the only certainty is uncertainty

Humankind has always been known for its innovation and ability to advance in technology and science. Most of human development and technology is the product of the last […]
February 25, 2021

When is a consumer entitled to a refund?

Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, […]
December 14, 2020

How to make the most of your work-from-home experiment

Whenever humanity faces a problem as tremendous as a global pandemic, it unequivocally necessitates societal change. In a pandemic, these changes are often tangible as they disrupt the […]
December 14, 2020

What are the boundaries of private defence (self-defence)?

Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, […]
December 14, 2020

Rehabilitation in all its shapes and sizes

INTRODUCTION Being sequestrated by an order of the High Court has a myriad of adverse consequences that could have an inhibiting effect on an individual and his/her freedom to transact […]
December 14, 2020

Buying or renting: Which is best?

The property market has been labelled a buyer’s market for most of 2020. Even though this year has proven to be disastrous in many respects, many factors have been beneficial for property […]
November 3, 2020

Understanding domestic violence protection orders

Domestic violence in its various forms has always been a problem of epic proportions and even more so in a time where the COVID-19 Coronavirus has […]
November 3, 2020

How is your property’s value being affected?

Preparing a home that will soon enter the market is one of the first steps of the selling process. But these preparations, intended to make a […]
November 3, 2020

Is it truly in the best interest of the child?

Section 28(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) states that a child’s best interests are of paramount importance in every […]
November 3, 2020

Where to find money when you have no money

As COVID-19 has ravaged the economy and stripped it bare of tens of thousands of jobs, there is a real threat to the livelihoods of many […]
October 22, 2020

Are you neglecting one out of every 16 employees?

If your business is like most businesses out there, you have probably made the decision to implement a full or partial return to the office. You […]
October 22, 2020

Sale of dwellings by fixed property developers: SARS rules

In terms of the Tax Administration Act, the South African Revenue Service (“SARS”) can issue Binding General Rulings (“BGR”) on matters of general interest or importance and clarifies the […]
October 22, 2020

Resolving conflict the right way

Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, […]
October 22, 2020

Legal recourse for medical malpractice victims

Consult: Firstly, it is highly recommended that you consult a personal injury attorney who specialises in medical malpractice claims. The attorney assists in determining the validity of the claim and advises on what […]
September 11, 2020

The most reliable investment in the market

Buying real estate is more than finding the right home or location for your business – owning property is an investment that holds more benefits than you […]
September 11, 2020

When can the Sheriff of the Court come knocking?

Have you ever heard about the Sheriff of the Court coming to collect your assets and auctioning it off in order to cover your unpaid debt? Is it legal […]
September 11, 2020

Fast Forward Your Property Transfer

Buying a house is a big decision, one in which the buyer will have invested numerous hours of research, planning and careful consideration. It makes sense then that a buyer would want […]
September 11, 2020

The importance of witnesses when signing a will

I gave instructions to my attorney to prepare a Will for me as my most recent Will no longer reflected my wishes. My attorney emailed the Will to me with clear instructions as […]
August 12, 2020

Tell-tale signs for buyers to be aware of

Purchasing a home is one of the biggest decisions most people will make in their lives. It makes sense then that this endeavour should be approached […]
August 12, 2020

Is business interruption insurance the key?

A business interruption insurance policy typically caters for a decrease in turnover or profit (depending on the type of cover); an increase in operating expenses and […]
August 12, 2020

Cancelling a lease agreement during COVID-19

2020 has been an unpredictable year, to say the least. Each new week seems to hold its own uncertainties and concerns. In such times, it is […]
August 12, 2020

Understanding the debt review process

In these difficult economic circumstances, you may find yourself in a position where you are unable to pay your debt. The National Credit Act makes provision […]
July 13, 2020

Is it still a buyers’ market out there?

The property market for 2020 initially proved to be a buyers’ market. Though with the rise of the COVID-19 pandemic and the resultant lockdown’s effects on […]
July 13, 2020

Caring for your loved ones by caring for their future

We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left an extraordinarily […]
July 13, 2020

Relying on vis major clause in a contract in times of COVID-19

Vis major clauses Many businesses will seek to rely on the enforcement of vis major clauses to relieve their performance of certain obligations resulting from the COVID-19 outbreak. The […]
July 13, 2020

South Africa’s New Zero-tolerance Drunk Driving Law

During March 2020, the South African Cabinet approved the National Road Traffic Amendment Bill (“the Bill”) for submission to Parliament. The Bill proposes amendments to the […]
June 9, 2020

The new age of property viewing has arrived

The real estate industry has always been known for utilising the latest technologies available to bring buyers and sellers together. From announcements at Town Hall gatherings […]
June 9, 2020

Business Rescue VS Liquidation: What is The Difference?

South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a […]
June 9, 2020

Divorce – Accrual – Living Annuities an Asset in The Estate

In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the […]
June 9, 2020

Does force majeure apply during COVID-19

Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, […]
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