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Featured Articles

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
31
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
44
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

READ MORE
27
Article

Is your business ready for the new Employment Equity rules?

27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

READ MORE
48
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

READ MORE
47
Article

Reconsideration under Section 17(2)(f): still a safety net?

06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

READ MORE
58
Article

Navigating harassment in community schemes

06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

READ MORE
57
Article

POPIA: protecting health and sex life data privacy

06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

READ MORE
69
Article

Beneficial Ownership reporting: dormant and deregistered trusts

06 February 2025

Is reporting still required for dormant or deregistered trusts? Uncover the key details you need to know! 

READ MORE
99
Article

Vodacom-Maziv merger blocked: competition vs public interest

05 February 2025

The proposed Vodacom-Maziv merger, combining the largest mobile operator with a key fibre player, highlights the delicate balance between competition... and public interest in mergers.

READ MORE
57
Article

Employee rights in business transfers

03 February 2025

An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale... taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.

READ MORE
62
Article

Signed, sealed, (e)-delivered: digital leap for Land Registration System

03 February 2025

Say goodbye to paper trails! The Deeds Registries Amendment Act is transforming South Africa’s land registration system, including amendments, to... a shift to digital. Find out how these game-changing reforms will streamline property transactions and reshape the future of land registration. 

READ MORE
117
Article

Capital gains distributions between trusts – who gets taxed?

03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

READ MORE
151
Article

When and how can a trustee resign from a trust?

03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

READ MORE
582
Article

Can you challenge maintenance when you’re in arrears?

03 December 2024

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

READ MORE
170
Article

Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

READ MORE
131
Article

Slip and trip: who is liable?

27 November 2024

With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they... need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.

READ MORE
121
Article

Developers caught off guard with sectional title costs

31 October 2024

In a recent ruling, the KZN High Court clarified that developers holding a real right of extension are   responsible for... contributing to the maintenance costs of sectional title schemes.

READ MORE
211
Article

See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

READ MORE
182
Article

Cast your nets and navigate the waters of phishing and whaling

30 October 2024

With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint... from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.

READ MORE
349
Article

Who pays for construction delays?

29 October 2024

There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule... - It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.

READ MORE
309
Article

Why the right executor is vital for your family

29 October 2024

Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to... handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.

READ MORE
288
Article

Landowners, be fire-wise!

28 October 2024

The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer.... However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires. 

READ MORE
195
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

READ MORE
246
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025
When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.
READ MORE
31
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025
The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.
READ MORE
44
Article

Injured by a hazardous product? Know your rights!

27 February 2025
In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.
READ MORE
27
Article

Is your business ready for the new Employment Equity rules?

27 February 2025
This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.
READ MORE
48
Article

Are you an Accountable Institution under FICA?

27 February 2025
Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 
READ MORE
47
Article

Reconsideration under Section 17(2)(f): still a safety net?

06 February 2025
With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  
READ MORE
58
Article

Navigating harassment in community schemes

06 February 2025
Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 
READ MORE
57
Article

POPIA: protecting health and sex life data privacy

06 February 2025
New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 
READ MORE
69
Article

Beneficial Ownership reporting: dormant and deregistered trusts

06 February 2025
Is reporting still required for dormant or deregistered trusts? Uncover the key details you need to know! 
READ MORE
99
Article

Vodacom-Maziv merger blocked: competition vs public interest

05 February 2025
The proposed Vodacom-Maziv merger, combining the largest mobile operator with a key fibre player, highlights the delicate balance between competition... and public interest in mergers.
READ MORE
57
Article

Employee rights in business transfers

03 February 2025
An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale... taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.
READ MORE
62
Article

Signed, sealed, (e)-delivered: digital leap for Land Registration System

03 February 2025
Say goodbye to paper trails! The Deeds Registries Amendment Act is transforming South Africa’s land registration system, including amendments, to... a shift to digital. Find out how these game-changing reforms will streamline property transactions and reshape the future of land registration. 
READ MORE
117
Article

Capital gains distributions between trusts – who gets taxed?

03 December 2024
Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.
READ MORE
151
Article

When and how can a trustee resign from a trust?

03 December 2024
There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 
READ MORE
582
Article

Can you challenge maintenance when you’re in arrears?

03 December 2024
The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?
READ MORE
170
Article

Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024
In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.
READ MORE
131
Article

Slip and trip: who is liable?

27 November 2024
With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they... need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.
READ MORE
121
Article

Developers caught off guard with sectional title costs

31 October 2024
In a recent ruling, the KZN High Court clarified that developers holding a real right of extension are   responsible for... contributing to the maintenance costs of sectional title schemes.
READ MORE
211
Article

See no evil, speak no evil: reporting misconduct

30 October 2024
What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.
READ MORE
182
Article

Cast your nets and navigate the waters of phishing and whaling

30 October 2024
With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint... from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.
READ MORE
349
Article

Who pays for construction delays?

29 October 2024
There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule... - It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.
READ MORE
309
Article

Why the right executor is vital for your family

29 October 2024
Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to... handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.
READ MORE
288
Article

Landowners, be fire-wise!

28 October 2024
The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer.... However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires. 
READ MORE
195
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024
Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  
READ MORE
246
Article