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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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13
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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16
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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12
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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12
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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56
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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96
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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665
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
686
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
13
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
16
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
12
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
12
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
56
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
96
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
665
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
686
Article
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Filter: Consumer
To post or not to post? When is privacy violated?

21 March 2022

Your neighbour has been piling heaps of rubbish on his sidewalk. You’ve raised the issue with him but to no... avail. Now you’ve taken photos of the mess and want to post them on Facebook to try and get other neighbours to also put pressure on him to clean up the mess. However, you pause and wonder about whether you can post the photos and identify your neighbour. Is it an invasion of privacy, or in the public interest?

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375
Article
What does the Electronic Deeds Registration System mean for the consumer?

11 November 2019

I have a property portfolio and am constantly buying and selling properties. I’ve recently seen media reports that a new... electronic deeds registration system is coming for South Africa. For me speed of sale and registrations is vital. Will this new system improve or worsen the current registration processes?

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415
Article
New developments with precautionary suspensions

11 April 2019

I have a suspicion that one of my branch managers is busy stealing stock and cooking the books. The numbers... just don’t add up. I want to suspend him to allow a full investigation to be done, but don’t want to give him a heads-up so he can hide evidence. Can I suspend him immediately without giving him a chance to provide reasons so I can ensure that he leaves the premises? Please advise.

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340
Article
POPI allows you access to your personal information

04 October 2018

I run a small franchise electronics store. I collect basic personal information from our customers that we keep on file... and use for marketing notifications to our customers. The other day an upset customer demanded to know what personal information we have of her and said that the POPI Act gave her the right to request a complete copy of her personal information we have. We gave it to her, but I was just wondering whether she really has the right to ask for this?

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309
Article
Is it the end of smoking?

12 July 2018

I am both a smoker and business owner that sells cigarettes. I understand that new legislation is being proposed that... will affect me as a smoker and my business. Is this true and what should I be preparing for?

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249
Article
POPI and the quality of your information

16 November 2017

I work at a recruitment agency. I generally receive personal information, such as copies of identity documents from our clients... listing their CVs with us. These copies are stored in our electronic database. I understand that POPI requires that personal information of clients, such as the quality of copies of identity documents must meet certain requirements. What exactly are these requirements?

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326
Article
Does POPI apply only to electronic records?

09 August 2017

I’m an accountant and work from home. I don’t have a computer and have been doing all my work for... years only on paper. My clients have been with me for a long time and I keep physical files for each of them. I’ve taken note of POPI, but I am unsure as to whether it will apply to me, as I don’t have any client information in electronic form. Surely I don’t need to worry about POPI?

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255
Article
POPI and the transfer of personal information outside of South Africa

14 July 2017

I operate a local travel agency that primarily books overseas vacations and travel arrangements for clients. This process involves making... arrangements with overseas businesses, such as restaurants and hotels. Am I correct when is say that POPI will have an impact on my ability to transfer personal information of my clients to other countries? What will my obligations be in this regard?

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292
Article
A strange thing called servitude

09 June 2017

I applied to my municipality to have the building plans for the extension of my garage approved. The municipality rejected... my proposed extension on the grounds that it would be constructed over a servitude registered against my title deed in favour of the municipality. What is a servitude? Can I have it removed?

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281
Article
Opportunities under the new Forestry Sector BEE Code

09 June 2017

I have a small black-owned business providing timber and poles to contractors and supply shops. I understand that the new... Forestry Sector BEE Code is aimed at creating more opportunities for businesses working in this sector. Is this so?

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265
Article
Is a time bar clause in a contract enforceable?

05 April 2017

My company concluded a contract with a supply company to supply us with imported tiles. Given their reasonable price we... bought a large shipment of the tiles. About 9 months later we discovered that a large number of the tiles were broken. We approached the supply company to replace the tiles, but they refused stating that our contract states that we had to notify them of any defects or damage in the tiles within 6 months of delivery. Surely they can’t rely on such a clause when they in fact delivered broken tiles?

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262
Article

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