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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: Contract
Terminating a contract – beware of the fine print!

28 February 2023

In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract... to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it, things don’t always go to plan and you may need to climb out of a bad contract situation. 

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8813
Article
What if the employee working from home, does not work at home?

08 February 2022

If your business has employees working from home, you may be concerned about whether your employees are in fact working... their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?

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418
Article
How valid is signing an agreement electronically?

10 February 2021

I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me... their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and binding these agreements are?

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398
Article
How valid is a marriage contract if not confirmed by court?

10 July 2020

I have been married to my husband for more than 20 years. We were both in our early twenties when... we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?

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321
Article
How far can Covid-19 be used to avoid meeting contractual obligations?

11 June 2020

With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to... my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is the virus a valid excuse?

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443
Article
Can my insolvency lead to termination of my lease?

11 April 2019

I own a few commercial properties that I rent out to businesses. Recently it has come to my attention that... one of my longstanding tenants is going under financially. He has nearly two years left on his term. Can I terminate his rental agreement if he becomes insolvent?

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271
Article
How about that ‘suspensive condition’?

11 April 2019

I’ve bought and sold a few houses in my time and have always seen provision being made for a suspensive... condition such as that the agreement is subject to a home loan being obtained. I’ve got the gist of what it means, but have never felt like I can explain it to someone else. Can you break it down for me?

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298
Article
Can private schools have a termination clause in their contracts with parents?

03 January 2019

Family friends of ours have a child who has been kicked out of the private school he was attending. As... I understand it, the school just terminated the contract with the parents based on the unruly behaviour of the child. They are very upset by the school’s action and I was wondering whether a private school is allowed to just do that?

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408
Article
Employment Equity Act amendments may impact your state contract

09 November 2018

I’ve recently heard about proposed amendments to the Employment Equity Act which I understand will make it more difficult to... tender for Government work. Is this true?

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346
Article
Does my lease terminate if the landlord dies?

04 October 2018

My father recently passed away. He had rental properties in his name and one of the tenants phoned me to... hear if he has to move out now that my father has passed away. What is the position? Has the lease come to an end?

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336
Article
What is your duty to enquire whether a couple is married in community of property?

07 June 2018

My mother and father were married in community of property. They often joked by saying that they could get out... of any contract as long as only one of them signed because the law required that both of them must always sign. As a business owner, through the years I’ve always wondered whether this is correct and how careful a business needs to be when dealing with couples married in community of property?

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357
Article
How to interpret time periods in a contract

15 May 2018

I was recently reading my standard cellphone contract and was amazed to notice how many items were linked to days.... It wasn’t immediately clear to me if it was calendar days or business days or even when these days start running. Is there a standard rule for how this works?

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295
Article

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