Home /Our Insights /Home /Home
BOOK CONSULTATION SUBSCRIBE

Media

Latest Insights

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
40
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
59
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
633
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
645
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
687
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
32
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
59
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
63
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
40
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
59
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
633
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
645
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
687
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
32
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
59
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
63
Article
GO
GO
Filter: Debt
Is it really farewell to that pesky salary attachment order?

07 October 2016

I have read a recent article that says that due to a recent court judgement, salary attachment orders are no... longer allowed. Is this correct and does that mean that the order against my salary is no longer valid?

READ MORE
182
Article
Beware of the dangers of prescription

07 July 2016

I lent money to a business partner nearly 3 years ago when he was in a bit of financial trouble.... It wat not a massive amount, so I did not press him for the money. He recently won a big contract and I know things are going better with his business. When I asked him to pay back my loan, he refused and said that my claim had prescribed so there was nothing I could do and he was not going to pay it back. Surely this cannot be the case?

READ MORE
326
Article
Credit agreements: You must get a notice before being sued

09 May 2016

I received a summons today from a credit provider that gave me a personal loan. I admit that I have... missed a payment or two on the loan, but did not think that I was that far behind. Surely they must at least have called me or written a letter asking me to pay up before running to court? It’s not even a big amount outstanding and now I may have to pay legal costs as well.

READ MORE
284
Article
Am I really responsible for the municipal debts of a previous owner?

11 April 2016

I bought a house a few months ago. The municipality issued a rates clearance certificate to the seller and the... property was transferred in my name. When I recently queried a high water account with my municipality, the municipality responded by saying that there is still quite a large arrear debt against the property and that unless I pay they will take steps against me to collect and even sell my property if necessary. Surely this can’t be lawful?

READ MORE
237
Article
How to change my ‘slow payer’ status

14 December 2015

I’m struggling to buy a car because I cannot get financing. I’ve had some financial problems which resulted in some... of my accounts falling behind. All my debt is paid off at this point but my credit record shows that I am a ‘slow payer’. Is there any way I can have this removed from my record?

READ MORE
349
Article
Do I have any say over that garnishee order that’s deducted from my salary?

08 September 2015

I had some financial problems a little while ago, with the result that I owed money. One of my creditors... now has a garnishee order against my salary which my employer must deduct every month. I understand I must settle my debts, but the garnishee order leaves me with very little to take home to care for my family. Is there anything I can do?

READ MORE
265
Article
The previous owner did not pay. Can the municipality now cut off your electricity?

16 July 2015

The municipality has notified me that it will disconnect my electricity supply because there are outstanding payments in respect of... my property. However these outstanding amounts are not mine but belong to the previous owners from whom I bought the property last year. These accounts are nearly five years old! Can the municipality do this and cut off my electricity?

READ MORE
320
Article
Be wary of prescription – don’t drag your feet to collect your debt

14 April 2015

Prescription is a term used to indicate that the time period to institute legal proceedings against a debtor has lapsed.... It is thus not a legal term that should be easily ignored, as having your claim prescribe might mean the end of the road for any legal proceedings against a debtor.

READ MORE
332
Article
The low down on providing a surety

14 April 2015

Many of us will during our lifetime be requested at some point to stand surety for another person’s debt. But... binding yourself as a surety for someone else’s debt is a risk that should be approached with circumspection and not be entered into lightly, and where unavoidable, be approached with a full understanding of the nature and consequences of such a suretyship. 

READ MORE
239
Article
Debt Review: Manoeuvring through the thorns

25 October 2013

In the wake of the National Credit Act, Debt Review has been heralded by many as a lifeline for those... that are over-indebted. However, there is a growing perception of distrust towards the Debt Counselling profession as many people under Debt Review find themselves even further in the red. A significant number of debt blunders can be avoided by understanding the mechanics of Debt Review, and by making informed choices.

READ MORE
329
Article
Blacklisted? How can I clear my credit record?

18 March 2013

The economic climate in South Africa is uncertain with consumers heavily affected by increasing expenses and an inordinate reliance on... credit. The unfortunate result is one where businesses are forced to take judgement against the consumers in order to recover outstanding debt resulting in consumers being listed with credit bureaus, raising the question: How do I have my credit record cleared?

READ MORE
235
Article
What to do with a man of straw?

25 October 2012

Business owners are becoming increasingly concerned with the escalating numbers of debtors failing to make payments and requiring legal action... to recover debt. However, more and more business owners are also finding out that many debtors are just not able to pay their debt or even a part thereof and have no property or assets that can be attached. What can be done with such a ‘man of straw’ or is he beyond the reach of the law.

READ MORE
246
Article

Newsletter Sign Up

Sign Up