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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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18
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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23
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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16
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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18
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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61
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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104
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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672
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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694
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
18
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
23
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
16
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
18
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
61
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
104
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
672
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
694
Article
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GO
Filter: Labour
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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421
Article
Increase in minimum wages for farm and domestic workers

20 May 2021

I’m a farm owner and was wondering what the new minimum wages announced by Government will mean for my farming... business? 

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353
Article
What does the new minimum earnings threshold mean for employers?

16 April 2021

I noted recent media reports that indicated that a new minimum earnings threshold for employees has been promulgated. Is this... correct and what does this mean for business owners?

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343
Article
Service provider or labour broker?

10 November 2020

Our company wants to help out one of our oldest clients by allowing some of our labourers to work for... a few months for the client on a project at the client’s site. The client has had to layoff staff during Covid-19 and we would temporarily help him out with our labourers. We would continue to pay our staff with the client paying us a service fee for the labourers and other support services. Our human resources manager however is concerned that we could be seen as labour brokers should we move forward with this arrangement. Would this be the case?

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369
Article
Tax incentives for employing youth in your business

13 May 2019

I have a young business that is developing well. But I need to appoint more staff. I’ve heard that there... are tax incentives for employing youth. How do these work? 

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309
Article
When can I give a final written warning?

13 May 2019

I have an employee who posted very derogatory comments on Facebook about his manager, calling him lazy and stupid. I... immediately arranged for a final written warning to be issued to the employee. However, the employee refuses to sign the warning and claims that he has been treated unfairly as he should have received a first warning before being given a final warning. Have we made a mistake in giving him a final warning?

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277
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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343
Article
Can my business be exempted from paying the national minimum wages?

11 March 2019

I run a local supermarket and have quite a number of employees that work for me. I understand that with... the new Minimum Wage Act I am now required to pay the minimum wages. This will definitely hurt my business. Is this compulsory and must I immediately pay these minimum wages?

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312
Article
Can I be fired for my colleagues’ wrongdoing?

12 February 2019

I work a till at a big general store. The owner discovered that some of the other till operators were... overcharging customers and pocketing the difference. I knew they were doing this, but felt it was none of my business and did not tell my manager. Now they want to fire me because I should have blown the whistle on the others. Surely I can’t be fired if I did nothing wrong?

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331
Article
What leave is a father entitled to at the birth of his child?

12 February 2019

My wife is due to give birth in two months. I've seen media reports that a father is now entitled... to longer paternity leave, but when I approached my employer to find out I was informed that I am only entitled to three days family responsibility leave. What is the current position?

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298
Article
Is it the end for labour brokers?

10 September 2018

For a few years now I’ve been using cleaning and gardening workers provided by a labour broker. It has worked... well for me as the labour broker has been responsible to manage the workers. I’m concerned though about recent media reports that appear to imply that these workers will now be deemed to be my employees. Is this true? 

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374
Article
Be mindful that even ordinary words can be racist and derogatory

12 July 2018

I’ve recently seen the media reports on the case where a co-worker’s reference to another worker as a “swart man”... was found to be racist and derogatory. On a daily basis I am aware of persons referring to others as white females or black persons for example, often in the context of work related matters. Surely this cannot all be seen as racist and derogatory?"

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276
Article

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