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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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GO
Filter: Data Protection
Data breaches in terms of POPIA: what you need to know

16 April 2021

Our consultancy business has quite a diverse client base. Over the weekend, the laptop of one of our employees was... stolen. The laptop contains personal information of our clients and it appears that it was not password protected making the data accessible. Will this be a data breach in terms of POPIA, and if so, what are we required to do?

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469
Article
POPIA deadline looming and regulations about to take effect

16 April 2021

I own a local store making custom items for our clients. Because of the nature of some of the client... requests I have to use other suppliers and have to share basic information about my clients with them. I am aware of POPIA and I understand that we need to comply including to new regulations that I understand have been issued. My question is to what extent and by when will I need to meet all these requirements?

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274
Article
Can your ex-spouse circulate your private information?

10 November 2020

My ex-husband still has access to our shared cloud account. Unbeknown to me this meant he could see all my... back-ups of messages, photos and other personal information. Our divorce did not end well and he is now sharing private and personal information of me with third parties to embarrass me and to try and portray me as a bad parent. What can I do to stop him?

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388
Article
Consent and POPIA: what you should know

12 October 2020

In my business I receive and store personal information of my clientele. I have a sign-up form for my new... clients and was wondering whether I would be compliant with POPIA if I include a consent to process their information once-off in this form. Will this be sufficient for POPIA?

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523
Article
Data intensive businesses and POPIA

11 September 2020

My business processes and stores quite a large amount of information relating to our clients. We are well aware of... POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing enough/underestimating our obligations. What should I be preparing for?

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353
Article
Don’t get caught with your POPIA pants around your ankles

17 August 2020

With all the Covid-19 happenings dominating the media lately, it nearly slipped through that some of the remaining provisions of... the Protection of Personal Information Act came into effect on 1 July 2020. Does this mean that all businesses must now comply?

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470
Article
Data security under POPIA is important even for small businesses

12 February 2019

I’m the owner of a small advisory firm. A few days ago, one of my employees left his laptop in... the car during the weekend and it was stolen out of his car. I now hear that the IT guys forgot to have encryption activated on his laptop. With client information on the laptop I’m worried about whether I could be in breach of POPIA. Am I?

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339
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
The importance of a privacy policy for your business

15 May 2018

I’ve been working with developers to take my business online. They have advised me to make sure I have a... proper privacy policy drawn up for my website. Is this really necessary or can I just use a standard one from the internet?

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346
Article
The new Cybercrimes and Cybersecurity Bill to tackle cyber criminals

08 March 2017

I receive at least ten fake emails and sms’s per day telling me I’ve won, or entered some competition or... can claim some reward. And it seems to just get worse. It feels like it’s just a matter of time before I get caught in some scam and then I won’t even know who to turn to for help. Surely, these criminals can’t just have free reign to do what they want?

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226
Article

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