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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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28
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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41
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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23
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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25
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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66
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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114
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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688
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
710
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
28
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
41
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
23
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
25
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
66
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
114
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
688
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
710
Article
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GO
Filter: Information
Government and POPIA - applicable or not?

14 June 2021

With all the talk of POPIA coming into effect and businesses having to get ready to comply, I was wondering... whether government and municipalities also need to comply with POPIA. Surely, government entities have a lot of personal information in their possession that they must protect.

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409
Article
Disclosure of medical records vs the right to privacy

14 June 2021

A client recently fell over boxes standing in the aisle in my store. He is suing me for damages claiming... that the head injuries he sustained from the fall resulted in him being fired from work. I’ve heard from another source that he was dismissed because of a history of alcohol and drug abuse and that he has been in and out of rehabilitation. We’ve requested access to his medical and psychological reports, but his attorney refuses claiming medical privilege. Surely, this cannot be right, particularly if these can prove that there were other factors leading to his dismissal?

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390
Article
New regulations provide more clarity on POPIA

11 March 2019

I’m the compliance officer for our business and have been tasked with responsibility for POPIA. I saw a media report... on regulations being promulgated and was wondering if there is anything of importance that I need to take note of in them for our business?

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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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349
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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348
Article
The impact of the delayed implementation of POPI on consumers

06 April 2018

I’ve read in the media that the Information Regulator has again delayed the coming into operation of POPI Act. As... a consumer, I’ve been waiting for this to happen to help stop the abuse one has to suffer from marketing emails, phone calls and the blatant and unauthorised sharing of my personal information. How long will this delay be and when can I expect my rights to start being protected?

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253
Article
POPI and the storing of personal information

07 February 2018

My business collects a lot of personal and financial information from our clients. This information is obtained both electronically and... in hard copy format. Because of the volume of the information, we store the information electronically and in hard copy with an off-site data storage company. They don’t do anything with the data except store it for us. Does POPI apply to this relationship?

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325
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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332
Article
The “who’s who” of POPI

07 September 2017

I own a local cellphone and electronics store. We collect personal information from our clients, and quite often have to... pass on information to third parties such as cellular providers etc. in order to provide our services. I’m not sure where our business fits into the picture with POPI and what my responsibilities are? Can you provide some clarity?

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282
Article

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