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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.

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0
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.

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0
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.  

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0
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.

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45
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.

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80
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?

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650
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. 

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666
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.

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709
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
0
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
0
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
0
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
45
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
80
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
650
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
666
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
709
Article
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Filter: Credit Act
Could a sale of shares be subject to the National Credit Act?

14 December 2016

My company holds shares in a larger construction company worth about R5 million. I’m looking at selling my shares to... an interested party that the construction company is also happy with. However, the party can only pay a deposit of R1,5 million and thereafter the remainder in monthly installments over a period of 18 months with an interest of prime plus 1%. My bookkeeper says I must be wary of falling under the National Credit Act. Could this be a possibility?

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299
Article
Application of the National Credit Act to property instalment sale agreements

09 November 2016

A buyer is interested in buying my flat. Her bank is not prepared to give her a loan because she... is paying off a few personal loans, but she is prepared to enter into an instalment sale agreement to pay the purchase price in instalments over a period of time, much like a rental. I like the idea of at least getting a monthly income, but I am worried whether I can do this and charge interest on the instalments, particularly as it will take a few years for her to pay the price in full?

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243
Article
Even small credit providers must now register with the National Credit Regulator

11 August 2016

I have a small informal money lending business. A friend told me that she has read that even small credit... providers lending money must now register with the National Credit Regulator. I hardly lend more than R200,000 per year, and have not had to register in the past. Is this true?

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306
Article
Credit agreements: You must get a notice before being sued

09 May 2016

I received a summons today from a credit provider that gave me a personal loan. I admit that I have... missed a payment or two on the loan, but did not think that I was that far behind. Surely they must at least have called me or written a letter asking me to pay up before running to court? It’s not even a big amount outstanding and now I may have to pay legal costs as well.

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292
Article
How to change my ‘slow payer’ status

14 December 2015

I’m struggling to buy a car because I cannot get financing. I’ve had some financial problems which resulted in some... of my accounts falling behind. All my debt is paid off at this point but my credit record shows that I am a ‘slow payer’. Is there any way I can have this removed from my record?

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358
Article
The granting of credit: Not the 1, 2, 3 it used to be

07 May 2015

The National Credit Amendment Act 19 of 2014 (“NCAA”) that came into effect on 13 March 2015 brought with it... a number of important changes which will affect both the consumer and credit provider. The NCAA has clarified the requirements or steps for the provision of credit as well as the consequences of not adhering to these requirements and the new affordability guidelines has tightened the criteria for granting of credit by a credit provider.

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295
Article
Home loan? Get those bank statements and payslips ready

07 May 2015

Buying property is an exciting step in any person’s life. One spends months searching for and researching properties until the... right place puts up its hand and you know you are smitten! But reality quickly sets in when the paperwork starts and you have to apply for a bank loan to finance your purchase. This vital process of submitting a credit application for a home loan to make your dream a reality, is often overlooked and can easily let your dream implode on itself if not taken seriously. So take the time and also prepare yourself properly for this important step of making your dream a reality. 

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210
Article
Be wary of prescription – don’t drag your feet to collect your debt

14 April 2015

Prescription is a term used to indicate that the time period to institute legal proceedings against a debtor has lapsed.... It is thus not a legal term that should be easily ignored, as having your claim prescribe might mean the end of the road for any legal proceedings against a debtor.

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338
Article
The low down on providing a surety

14 April 2015

Many of us will during our lifetime be requested at some point to stand surety for another person’s debt. But... binding yourself as a surety for someone else’s debt is a risk that should be approached with circumspection and not be entered into lightly, and where unavoidable, be approached with a full understanding of the nature and consequences of such a suretyship. 

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247
Article
Skipped a credit instalment or two? Maybe you should check your post…

24 August 2014

Are you a party to a loan agreement or a credit account thinking that the contact details you insert are... a mere formality? You skip a payment or two every so often and circumvent the letters of demand or legal notices by ignoring the registered post sent to you? If so you may wish to reconsider your approach. With debt, ignorance is never bliss and the recent case of Kubyana v Standard Bank of South Africa Ltd (CC) bears witness thereto.

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202
Article
National Credit Amendment Bill: No more reckless lending

06 May 2014

Loopholes in the National Credit Act (“NCA”) have to date made it possible for credit providers to avoid certain provisions... which were intended to be mandatory. The National Credit Regulator conducted a policy review of the NCA in order to identify remedial actions for problems that have hampered the effectiveness of the NCA. As a result, the National Credit Amendment Bill has been drafted to seek, amongst other things, to curb reckless lending by creating a uniform affordability test for prospective lenders.

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309
Article
Debt Review: Manoeuvring through the thorns

25 October 2013

In the wake of the National Credit Act, Debt Review has been heralded by many as a lifeline for those... that are over-indebted. However, there is a growing perception of distrust towards the Debt Counselling profession as many people under Debt Review find themselves even further in the red. A significant number of debt blunders can be avoided by understanding the mechanics of Debt Review, and by making informed choices.

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334
Article

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