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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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2
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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5
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.

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1
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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3
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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48
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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81
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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652
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

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
2
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
5
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
1
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
3
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
48
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
81
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
652
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
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GO
Filter: Insurance
Do I have to tell my insurer about my lapa?

14 December 2015

I recently added a thatched lapa to my house. I have an open braai under the lapa. With the recent... bad winds some coals were blown into the thatch and started a fire. I lost the whole lapa and part of my house due to the fire. I lodged a claim correctly with my insurer who has now informed me that they are repudiating my claim because I never informed them of the lapa addition to my house. Can they do this?

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247
Article
Don’t let a lack of railings on your stairway be your downfall

08 September 2015

A plumber visited my new house to repair a water leak in my upstairs bathroom. He fell from the second... story of my house and claims that he fell because I did not have stair railings. I have not yet had my railings installed as they are quite expensive and I am still saving for this. We have however been using the house for a few months without the railings and without incident. The plumber is now threatening to sue me for damages. Can he do this?

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331
Article
Road Accident Fund claims: Must I pay back my medical scheme?

21 November 2014

You were in a motor vehicle accident and your medical aid scheme covered your medical costs. On advice of your... attorney you also submitted a claim to the Road Accident Fund for your medical expenses. The Road Accident Fund indicated it was prepared to pay out your claim but now your medical scheme insists that the medical costs it paid be recovered from the amounts paid out by the Road Accident Fund. Is this correct and must you pay back your medical insurer for your medical costs?

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373
Article
Big or small, all employers must register for Unemployment Insurance

24 August 2014

Many smaller businesses and low-level employers are under the assumption that the size of their business and/or the number of... their staff has a bearing on whether they are liable to contribute to the Unemployment Insurance Fund (UIF) or not. This article conveys information on who is liable to register for UIF, how employers may register and with whom. We also address the monthly contributions to be made as well as the threshold to be considered when calculating monthly contributions. Lastly we look at the sanctions that can be imposed for non-complaince with UIF.

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293
Article
Laying the right foundation: Be wary of construction defects and rejected insurance claims

20 May 2013

Acquiring a home is often a major investment decision, yet ironically, sometimes also a decision resulting in great financial loss.... Homeowners frequently experience loss through theft or damage to their home, with damage generally arising from accidents or natural causes. It is for these reasons that it is critical for a homeowner to protect his interests, principally through obtaining homeowner’s insurance policies. These insurance policies help reduce your risk by moving the risk of loss or damage to the insurer in exchange for the payment of a premium. However, obtaining homeowner’s insurance does not mean you are covered for every eventuality. Is this protection absolute, or does it have exclusions and terms and conditions which may affect the extent of your protection? Knowing the terms of your insurance and understanding the implications thereof are important to ensuring that your primary asset is well protected against future loss or harm.

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340
Article
What is the relationship between you and your insurance broker?

27 September 2012

We all have insurance and we all have worked with an insurance broker at one point or another. The media... is also full of insurance advertisements that create the impression that the right insurance broker will cover you for all eventualities. But is this truly the case? And if not, where does the broker’s responsibility to ensure that you are sufficiently covered end and where does yours, as the insured person’s, start?

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243
Article
Checked your life insurance recently? Find out why you should!

27 September 2012

Life changes happen regularly and unannounced and often one is so pre-occupied with surviving these changes that you forget the... long-term implications they can have. One oft neglegted item, is the regular reviewing of the beneficiaries of your life insurance policy, particularly after a life changing event such as death, divorce or birth has occurred. The insurance policy, intended to protect and support the future of family and dependants, may, because of neglect in this regard, result in unanticipated and even unwanted consequences for your family and dependants after you are gone and unable to ‘correct’ the mistake.

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253
Article

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