Latest News

January 12, 2022

Beyond reasonable doubt: What does it mean?

We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case. Similarly, we are […]
January 12, 2022

Who takes the fall for spillage incidents in shopping centres?

This question of liability amid spillage cases has never been fully settled in our law until recently when the case of Holtzhausen v Cenprop Real Estate […]
January 12, 2022

Buying or selling a home? Know the process

The transfer process is synonymous with building a house. The foundation must be laid and certain parts are built simultaneously in order for the process to […]
January 12, 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 […]
November 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 […]
November 10, 2021

Your business can grow & flourish by going green

As the risks of climate change become more intense and prevalent in today’s world, businesses are feeling the pressure to adapt and rethink their business models, […]
November 10, 2021

Everything you need to know about suretyship agreements

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 10, 2021

Getting the facts straight in disciplinary hearing notices

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 […]
October 15, 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. […]
October 15, 2021

Have you revised your Business Continuity Plan?

While the possibility of a global pandemic was always at the back of our minds, its emergence still managed to catch us off-guard and wreaked havoc […]
October 15, 2021

The role of knowledge in prescription

The Constitutional Court in the matter of Mtokonya v Minister of Police [2017] ZACC 33 dealt with the issue of extinctive prescription, in particular regarding whether section 12(3) of the Act […]
October 15, 2021

Transfer of assets between spouses: What are the tax implications?

Section 9HB of the Income Tax Act provides for a roll-over of a capital gain or loss when an asset is transferred between spouses during their lifetimes. […]
September 7, 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 […]
September 7, 2021

Must employees disclose their vaccination status?

While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. […]
September 7, 2021

Train your staff to protect against cyberattacks

Since the POPI Act was introduced, many businesses have taken the time and effort to implement a POPI strategy that complies with the Act’s basic requirements. But for […]
September 7, 2021

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 estate rental market has not recovered […]
August 17, 2021

How does the POPI Act affect credit bureaus?

When it comes to the protection of personal information, there are two acts that govern businesses and those working with such information. The Protection of Privacy […]
August 17, 2021

Considering the rise 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 […]
August 17, 2021

What are fair grounds for dismissal regarding off-duty misconduct?

With looting and violence severely impacting certain parts of South Africa in June 2021, many businesses are facing great challenges on various fronts. In light of the recent civil […]
August 17, 2021

Arbitration as a method of dispute resolution – Part 2

There are different forms of arbitration. PAA Ramsden enunciates there being consensual arbitration, statutory arbitration (such as the Labour Relations Act 66 of 1995), court-directed arbitration, ad hoc arbitration, institutional arbitration, documents-only arbitration, fast-track arbitration, ex parte arbitration, and multi-party arbitration. All these […]
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