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Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

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21
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

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15
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

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19
Article

Consistency is key for Homeowners Associations

02 September 2024

With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands... that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.

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18
Article

Preserving your art legacy: Tax tips for collectors

02 September 2024

For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved.... While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.

READ MORE
15
Article

Employee grievances: one misstep can cost you!

02 September 2024

Employers can often let an employee grievance slide, particularly when directed by juniors at a valuable or important senior employee... or supervisor. A recent Free State High Court judgment however raised a huge red flag for employers not to let these incidents slide. 

READ MORE
18
Article

‘Remote’ commissioning?

24 July 2024

In a world where physical separation is becoming increasingly irrelevant thanks to technological advancements, one may wonder to what extent... the law has followed suit. With legal documents needing to be commissioned, the question arises whether this can be done remotely by way of virtual conferencing. Well, like any good lawyer would say, “It depends!”

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61
Article

When medical certificates raise a red flag

24 July 2024

The submission of medical certificates by employees to support their requests for sick leave is a common employment phenomenon. Employers... often grapple with how to handle medical certificates they suspect are irregularly issued by a medical practitioner, particularly when the medical practitioner is notorious for 'selling' such certificates. 

READ MORE
83
Article

Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

READ MORE
21
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

READ MORE
15
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

READ MORE
19
Article

Consistency is key for Homeowners Associations

02 September 2024

With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands... that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.

READ MORE
18
Article

Preserving your art legacy: Tax tips for collectors

02 September 2024

For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved.... While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.

READ MORE
15
Article

Employee grievances: one misstep can cost you!

02 September 2024

Employers can often let an employee grievance slide, particularly when directed by juniors at a valuable or important senior employee... or supervisor. A recent Free State High Court judgment however raised a huge red flag for employers not to let these incidents slide. 

READ MORE
18
Article

‘Remote’ commissioning?

24 July 2024

In a world where physical separation is becoming increasingly irrelevant thanks to technological advancements, one may wonder to what extent... the law has followed suit. With legal documents needing to be commissioned, the question arises whether this can be done remotely by way of virtual conferencing. Well, like any good lawyer would say, “It depends!”

READ MORE
61
Article

When medical certificates raise a red flag

24 July 2024

The submission of medical certificates by employees to support their requests for sick leave is a common employment phenomenon. Employers... often grapple with how to handle medical certificates they suspect are irregularly issued by a medical practitioner, particularly when the medical practitioner is notorious for 'selling' such certificates. 

READ MORE
83
Article
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Must you pay the estate agent if there is no agreement?

24 July 2024

When buying or selling a property, estate agents play a crucial role in facilitating the process. But what happens when... there is no explicit agreement regarding the estate agent's commission? Is it still payable?

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56
Article
Deregistration looms for non-compliant companies

24 July 2024

The recent ruling of Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 highlights the... critical duty companies have to file annual returns with the Companies and Intellectual Property Commission (CIPC) and the significance of the procedures companies must follow to reinstate a deregistered company. 

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126
Article
Unlocking a hidden gem in the Income Tax Act

23 July 2024

Hidden gems in the form of tax deductions do exist in the Income Tax Act 58 of 1962 (“ITA”). With... escalating taxes, any hidden tax breaks are always welcomed by taxpayers. One such gem is buried in section 24O of the ITA. In this article we share the opportunities section 24O holds by focusing on its use and application to those acquiring equity shares.

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67
Article
The rising tide of business email compromise

23 July 2024

Cybercrime is on the rise and is fast becoming one of the most noteworthy threats of the modern age. Perpetrators... of cybercrime are located all over the world and can swiftly facilitate cybercrime between jurisdictions. Developing countries such as South Africa are also more vulnerable to cybercrime, especially with the rapid spread of technology and the internet across the African continent, creating a new and vulnerable target base for cyber criminals.

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64
Article
Lighting up fire danger ratings

23 July 2024

Fire danger ratings are often displayed on weather news, and in our South African winter where wildfires can often run... rampant, it is of particular importance to take note of these fire danger ratings. This article explores the necessary precautionary steps to take in response to these fire danger ratings. 

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66
Article
Mediation – a go-to option for divorcing couples

27 June 2024

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

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84
Article
Outstanding charges, body corporates and sales in execution

27 June 2024

Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies... of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.

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147
Article
Businesses, body corporates, and the right to electricity

27 June 2024

Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to... pay its service fees to the municipality? 

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102
Article
Stoners may be exempted from zero-tolerance policy

27 June 2024

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

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106
Article
Trustee responsibilities have become even heavier

26 June 2024

The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a... trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.

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94
Article
Where does director liability end?

26 June 2024

The actions of a company director are often seen as the actions of the company, leading to the perception that... where a company has potentially caused harm or damage at the direction of its directors, the directors are automatically liable for such loss or damage. Our Supreme Court of Appeal recently had occasion to consider this position and when directors can be held liable.

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125
Article
Electric vehicle tax incentives hold business opportunities

26 June 2024

A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local... electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines. 

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92
Article

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