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June 22, 2021

The seven questions that could make or break your contracts

Your business success relies on your interaction with clients/customers and other businesses. Your profit is directly proportional to the behaviour of these external role-players. Dealing with individual clients/customers does come […]
June 22, 2021

The low-down on property auctions

Buying and selling properties through auction has always been a staple of the real estate market. And to this day, it remains one of the best […]
June 22, 2021

The validity of an antenuptial contract

John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed […]
June 22, 2021

Think twice before ignoring that court order

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 […]
May 13, 2021

Can losses be distributed out of a trust?

On 18 March 2021, the Supreme Court of Appeal delivered judgment in the case of Massmart Holdings Limited v The Commissioner for the South African Revenue Service. The case dealt with […]
May 13, 2021

Employee error and the value of quick decisive action

Many employers often decide to leave disciplinary matters for a later date and/or overlook matters of concern to avoid conflict. However, when handled well, conflict can have […]
May 13, 2021

Decriminalisation of cannabis and the workplace

The personal use of cannabis has been decriminalised in South Africa by the Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince 2018 (10) […]
May 13, 2021

Passing off: When your business’s reputation is threatened

Passing off is a delictual remedy that is derived from English law and has been implemented in South African law. The most authoritative definition of passing off was given in the Capital Estate and General Agencies […]
April 19, 2021

Living in a mixed-use building: What to look out 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 […]
April 19, 2021

Why the POPI Act matters

The right to privacy is enshrined in Section 14 of South Africa’s Constitution and we understand it to be a vital human right. It states: “Everyone has […]
April 19, 2021

The legal duty of a grandparent to maintain a grandchild

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 […]
April 19, 2021

Be careful not to step into the investment scheme booby-trap

According to section 43 (2) of the Consumer Protection Act 68 of 2008 (hereinafter, referred to as “the CPA”), a person must not directly or indirectly promote, or […]
March 10, 2021

Retention of title/ownership of movable goods purchased on credit

Take scenario one, in which a purchaser pays the purchase price of a good in a one lump sum. In this case, they are entitled to take delivery of the goods, and ownership will be transferred from the […]
March 10, 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 […]
March 10, 2021

Budget 2021: Corporate tax amendments

Finance Minister Tito Mboweni delivered his third annual budget address on 24 February 2021. The corporate tax rate reduction from 28% to 27% for years of assessment commencing on or after […]
March 10, 2021

Drafting employment contracts for ad hoc activities

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 […]
February 8, 2021

Can fixed-term contracts automatically turn into permanent 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 […]
February 8, 2021

The recusal of a judge is no fleeting matter

The doctrine of recusal has recently been placed in the spotlight after former president Jacob Zuma brought such an application at the Commission for Enquiry into State […]
February 8, 2021

The importance of property practitioners in the times to come

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 8, 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, […]
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