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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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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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1
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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46
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
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
1
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
46
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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GO
Filter: Construction
What safety requirements must my swimming pool comply with?

14 December 2016

I’m contemplating building a small swimming pool in my yard. I’ve heard that you are supposed to have your swimming... pool fenced off. Is that true?

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221
Article
Take note of the New Construction BEE Codes

09 November 2016

I own a construction company which is heavily reliant on state tenders. I understand that new construction BEE codes are... coming soon. I am worried about these new codes as the old construction codes had many provisions that my company found difficult to comply with. Will this be the case again? What should I be on the look-out for?

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431
Article
What to do in case of illegal building by my neighbour?

12 September 2016

My neighbour has recently started building a new double-storey extension to his house which has dramatically impacted on my view... as I now look directly into the back of his double storey from my main living area. I was not aware that he would be building and am worried about what this could do to the value of my house. Is he allowed to just build?

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228
Article
Rain is a blessing but not through the roof of my new house!

11 April 2016

I recently bought a beach house at the coast and we had our first stay there this long weekend. Much... to my dismay, we discovered that rainwater leaked extensively through the roof into the house. I asked a local builder to fix the problem, but he advised me that this was not just a quick patch job but would be pricey given major structural problems with the roof and an inadequate roof pitch. The seller never mentioned anything of these problems and I only became aware of this when it started to rain. What can I do?

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308
Article
Should I down tools on the current construction sector BEE codes or not?

09 February 2016

I own a mid-sized construction company and the end of my financial year is fast approaching. My auditor has advised... me to make any BEE expenditure I wish to make before the end of my financial year. I’ve been following BEE developments in the construction industry and have noted with concern that the the deadline for submission of a new Construction Industry BEE Charter has been missed. Now I’m unsure as to which codes I must use for my BEE planning and any BEE expenditure I still need to make before the end of my financial year.

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202
Article
Building contract cancellation: Beware the pitfalls

04 February 2014

The building project is going nowhere and so too is the relationship between the client and building contractor. Both parties... have been at loggerheads since the start of the project and the relationship has deteriorated to such a point that both parties are failing to meet their contractual commitments in terms of the building contract. But what now? Can either of them just call it a day and cancel their contract?

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417
Article
The beneficial aspects of building ‘Green’

20 May 2013

In a world ever more conscious of global warming, constructing buildings in an environmentally friendly manner can significantly add to... the reduction of our carbon footprint. Over and above the furtherance of the “save the planet” cause, it can also prove to be beneficial from a financial and healthcare point of view. With this in mind, the South African construction industry has gone green, with the necessary changes effected by the new energy efficiency building regulations that came into effect in November 2011.

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385
Article
Managing your public liability during construction

20 May 2013

Any construction process always carries with it the potential risk of injury to or death of a third party. Accordingly,... it is vital that all employers and contractors are aware of how they could be held vicariously liable for injury or death arising from the actions of their employees or subcontractors. In this article we will briefly explain the nature of vicarious liability as well as how such liability can be managed and mitigated.

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271
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
Sub-kontrakteur optrede by wanbetaling

22 November 2012

Bouprojekte wat sukkel, hoofkontrakteurs wat bankkrot speel en sub-kontrakteurs wat nie betaal word nie is ongelukkig ‘n algemene verskynsel in... vandag se boubedryf. Die is ‘n hoë risiko omgewing en veral sub-kontrakteurs bevind hulself gereeld in ‘n situasie waar werk verrig is maar betalings sloer. Moet sub-kontrakteurs maar net hierby berus of kan jy jou regte beskerm?

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228
Article

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