Our Insights

We keep you updated

Latest Insights

What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement ...

Show more
READ MORE
23
Article

How conditional is a performance guarantee?

15 November 2021

Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?

Show more
READ MORE
21
Article

Share buyback? Possible, but take care!

15 November 2021

I’m a shareholder in a private company and wish to get rid of my shares to free up some cashflow. That said, I don’t want to sell to a stranger and my other shareholders don’t want to buy my shares either. One of them suggested that the company buy back my shares. Is this allowed?

Show more
READ MORE
23
Article

Unpacking the proposed new Employment Equity Bill

15 November 2021

My company is relatively small with only 12 employees. That said, I’ve had to comply with employment equity requirements as we qualify as a designated employer because of our company turnover. I’ve heard there are proposed changes afoot for the employment equity environment and was wondering what this may mean for my business.

Show more
READ MORE
19
Article

What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement ...

Show more
READ MORE
23
Article

How conditional is a performance guarantee?

15 November 2021

Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?

Show more
READ MORE
21
Article

Share buyback? Possible, but take care!

15 November 2021

I’m a shareholder in a private company and wish to get rid of my shares to free up some cashflow. That said, I don’t want to sell to a stranger and my other shareholders don’t want to buy my shares either. One of them suggested that the company buy back my shares. Is this allowed?

Show more
READ MORE
23
Article

Unpacking the proposed new Employment Equity Bill

15 November 2021

My company is relatively small with only 12 employees. That said, I’ve had to comply with employment equity requirements as we qualify as a designated employer because of our company turnover. I’ve heard there are proposed changes afoot for the employment equity environment and was wondering what this may mean for my business.

Show more
READ MORE
19
Article
GO
GO
Find Insights between dates
 
FILTER
May I refuse access to my property for electrical meter readings?

15 November 2021

I am currently an owner of a residential property and I sometimes get visits from employees of our local electricity provider requesting access to the property to take a reading of the electricity meter. This is often an inconvenience to me. May I refuse them access to my property?

Show more
READ MORE
15
Article
Can an unmarried father register a child under his surname?

15 November 2021

I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?

Show more
READ MORE
20
Article
When is the resignation of a trustee effective? A case comparison.

19 October 2021

  A trustee can resign from his/her office. One of the questions that arises is: when is the resignation of a trustee seen as effective? Is it when the trustee signs a notice of resignation or when Master removes his/her name from the letter of authority, and issues an amended one? The logic flows that because a trustee has no authority until the Master issues the letter of authority, so then, his/her office of trusteeship terminates with the issuing of an amended letter of authority. Howe...

Show more
READ MORE
48
Blog
Why Enterprise and Supplier Development cannot be only a tick-box exercise

12 October 2021

While the BEE scorecard is well-intentioned, it should not be treated as a simple checklist, but rather seen as an instrument to facilitate real transformation. When it comes to building and supporting small black-owned businesses in South Africa, a much longer-term view needs to be taken. 

Show more
READ MORE
41
Article
The when, what and how of estate agent commission

12 October 2021

We’ve put our house in the market and have an estate agent that is helping us sell our property. However, we have also told our friends that we are selling should anyone know of an interested buyer. But what happens if we get a buyer independent from our estate agent? Must we still pay agent’s commission?

Show more
READ MORE
35
Article
Can you claim ETI for students?

12 October 2021

In a recent conversation with our accountant, I was informed that SARS will no longer permit claims of Employment Tax Incentive (ETI) tax benefits for students. We have been considering placing some of our workers on learnerships and possibly also claiming ETI for them, but we are concerned as to whether this would still be possible. Do you have any clarification as to what the position now is?

Show more
READ MORE
30
Article

Featured Articles

Government and POPIA - applicable or not?

14 June 2021

With all the talk of POPIA coming into effect and businesses having to get ready to comply, I was wondering whether government and municipalities also need to comply with POPIA. Surely, government entities have a lot of personal information in their possession that they must protect.

Show more
READ MORE
64
Article

Which socio-economic contributions can be recognised for my BEE scorecard?

14 June 2021

Our company will no longer qualify as an automatic EME and we will have to undergo a formal BEE verification. We have always tried to help our community with donations and allowing our staff to help with charities. Will this count towards our socio-economic development points?

Show more
READ MORE
60
Article

Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

Show more
READ MORE
65
Article

Can an email qualify as a last will?

14 June 2021

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

Show more
READ MORE
63
Article

The Information Officer and POPIA: What you need to know

20 May 2021

I am the compliance officer for our retail business. I’m aware of the deadline of 1 July 2021 to be POPIA compliant and we are busy putting the necessary in place. I’ve recently heard that the Information Regulator now requires information officers to be registered with the Information Regulator. Is this true and what are the main responsibilities of an information officer?

Show more
READ MORE
57
Article

When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him that his obligation to pay has prescribed. Surely this can’t be right?

Show more
READ MORE
63
Article

Data breaches in terms of POPIA: what you need to know

16 April 2021

Our consultancy business has quite a diverse client base. Over the weekend, the laptop of one of our employees was stolen. The laptop contains personal information of our clients and it appears that it was not password protected making the data accessible. Will this be a data breach in terms of POPIA, and if so, what are we required to do?

Show more
READ MORE
63
Article

POPIA deadline looming and regulations about to take effect

16 April 2021

I own a local store making custom items for our clients. Because of the nature of some of the client requests I have to use other suppliers and have to share basic information about my clients with them. I am aware of POPIA and I understand that we need to comply including to new regulations that I understand have been issued. My question is to what extent and by when will I need to meet all these requirements?

Show more
READ MORE
95
Article

The final say on business interruption insurance and Covid-19

16 March 2021

I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any finality yet on the matter.

Show more
READ MORE
52
Article

Does your pension payments form part of your insolvent estate?

10 February 2021

I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?

Show more
READ MORE
54
Article

Is a power of attorney an abdication, or temporary delegation of your authority to act?

06 January 2021

I recently had to sign a power of attorney authorising my attorney to act on my behalf in my property transfer. It just got me wondering about what exactly a power of attorney means and for how long it remains valid. Can you enlighten me?

Show more
READ MORE
63
Article

Service provider or labour broker?

10 November 2020

Our company wants to help out one of our oldest clients by allowing some of our labourers to work for a few months for the client on a project at the client’s site. The client has had to layoff staff during Covid-19 and we would temporarily help him out with our labourers. We would continue to pay our staff with the client paying us a service fee for the labourers and other support services. Our human resources manager however is concerned that we could be seen as labour brokers should we ...

Show more
READ MORE
62
Article

Government and POPIA - applicable or not?

14 June 2021

With all the talk of POPIA coming into effect and businesses having to get ready to comply, I was wondering whether government and municipalities also need to comply with POPIA. Surely, government entities have a lot of personal information in their possession that they must protect.

Show more
READ MORE
64
Article

Which socio-economic contributions can be recognised for my BEE scorecard?

14 June 2021

Our company will no longer qualify as an automatic EME and we will have to undergo a formal BEE verification. We have always tried to help our community with donations and allowing our staff to help with charities. Will this count towards our socio-economic development points?

Show more
READ MORE
60
Article

Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

Show more
READ MORE
65
Article

Can an email qualify as a last will?

14 June 2021

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

Show more
READ MORE
63
Article

The Information Officer and POPIA: What you need to know

20 May 2021

I am the compliance officer for our retail business. I’m aware of the deadline of 1 July 2021 to be POPIA compliant and we are busy putting the necessary in place. I’ve recently heard that the Information Regulator now requires information officers to be registered with the Information Regulator. Is this true and what are the main responsibilities of an information officer?

Show more
READ MORE
57
Article

When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him that his obligation to pay has prescribed. Surely this can’t be right?

Show more
READ MORE
63
Article

Data breaches in terms of POPIA: what you need to know

16 April 2021

Our consultancy business has quite a diverse client base. Over the weekend, the laptop of one of our employees was stolen. The laptop contains personal information of our clients and it appears that it was not password protected making the data accessible. Will this be a data breach in terms of POPIA, and if so, what are we required to do?

Show more
READ MORE
63
Article

POPIA deadline looming and regulations about to take effect

16 April 2021

I own a local store making custom items for our clients. Because of the nature of some of the client requests I have to use other suppliers and have to share basic information about my clients with them. I am aware of POPIA and I understand that we need to comply including to new regulations that I understand have been issued. My question is to what extent and by when will I need to meet all these requirements?

Show more
READ MORE
95
Article

The final say on business interruption insurance and Covid-19

16 March 2021

I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any finality yet on the matter.

Show more
READ MORE
52
Article

Does your pension payments form part of your insolvent estate?

10 February 2021

I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?

Show more
READ MORE
54
Article

Is a power of attorney an abdication, or temporary delegation of your authority to act?

06 January 2021

I recently had to sign a power of attorney authorising my attorney to act on my behalf in my property transfer. It just got me wondering about what exactly a power of attorney means and for how long it remains valid. Can you enlighten me?

Show more
READ MORE
63
Article

Service provider or labour broker?

10 November 2020

Our company wants to help out one of our oldest clients by allowing some of our labourers to work for a few months for the client on a project at the client’s site. The client has had to layoff staff during Covid-19 and we would temporarily help him out with our labourers. We would continue to pay our staff with the client paying us a service fee for the labourers and other support services. Our human resources manager however is concerned that we could be seen as labour brokers should we ...

Show more
READ MORE
62
Article

Our FICA requirements

READ MORE

Our FICA requirements

READ MORE

DBM Attorneys in association with OOBA - Seminar for Estate Agents

DBM Attorneys in association with OOBA - Seminar for Estate Agents