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Featured Articles

Body corporates and access to information. What are the rules of engagement?

29 May 2024

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

READ MORE
123
Article

The taxes applicable to a deceased estate

29 May 2024

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

READ MORE
23
Article

Be careful not to let your medical negligence claim prescribe

29 May 2024

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

READ MORE
24
Article

Why social media disputes can be a Pandora’s box

29 May 2024

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world.... For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

READ MORE
25
Article

When must I pay my increased sectional title levy?

29 May 2024

Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases... levies? When does the unit owner become responsible for paying such increased levies?

READ MORE
49
Article

To extend or offend: Can you extend your sectional title unit?

29 May 2024

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are... typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

READ MORE
111
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
69
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
55
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
73
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
55
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
208
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
129
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
190
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
125
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
97
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
148
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
132
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
211
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

READ MORE
145
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

READ MORE
143
Article

Why a clean donation can have sticky consequences

21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

READ MORE
210
Article

An introduction to mergers and acquisitions in South Africa

18 October 2023

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

READ MORE
245
Article

Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.

READ MORE
301
Article

When can you be barred from registering a trade mark?

15 January 2024

A question often asked when consulting with clients about trade marks is when and how can you be barred from... registering a trade mark? 

READ MORE
265
Article

Body corporates and access to information. What are the rules of engagement?

29 May 2024

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

READ MORE
123
Article

The taxes applicable to a deceased estate

29 May 2024

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

READ MORE
23
Article

Be careful not to let your medical negligence claim prescribe

29 May 2024

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

READ MORE
24
Article

Why social media disputes can be a Pandora’s box

29 May 2024

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world.... For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

READ MORE
25
Article

When must I pay my increased sectional title levy?

29 May 2024

Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases... levies? When does the unit owner become responsible for paying such increased levies?

READ MORE
49
Article

To extend or offend: Can you extend your sectional title unit?

29 May 2024

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are... typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

READ MORE
111
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
69
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
55
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
73
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
55
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
208
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
129
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
190
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
125
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
97
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
148
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
132
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
211
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

READ MORE
145
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

READ MORE
143
Article

Why a clean donation can have sticky consequences

21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

READ MORE
210
Article

An introduction to mergers and acquisitions in South Africa

18 October 2023

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

READ MORE
245
Article

Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.

READ MORE
301
Article

When can you be barred from registering a trade mark?

15 January 2024

A question often asked when consulting with clients about trade marks is when and how can you be barred from... registering a trade mark? 

READ MORE
265
Article