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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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45
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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70
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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639
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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659
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.

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705
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
42
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.

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70
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
69
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
45
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
70
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
639
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
659
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
705
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
42
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
70
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
69
Article
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Filter: Personal
Don’t let a lack of railings on your stairway be your downfall

08 September 2015

A plumber visited my new house to repair a water leak in my upstairs bathroom. He fell from the second... story of my house and claims that he fell because I did not have stair railings. I have not yet had my railings installed as they are quite expensive and I am still saving for this. We have however been using the house for a few months without the railings and without incident. The plumber is now threatening to sue me for damages. Can he do this?

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327
Article
Be wise and review your will regularly

16 July 2015

I have a will which my wife and I had jointly drawn up by a friend just after we were... married. I think the will is still ok, but I am not sure. We have three children now and I’m worried what will happen to them should my wife and I pass away or even be divorced. Should I let someone have a look at my will?

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244
Article
My mother’s sick. Can I manage her personal affairs?

15 July 2015

My mother has been living with Alzheimer’s for a number of years. She has always been very independent and insisted... on managing her own affairs even after my father passed away. Unfortunately of late, she has deteriorated very badly, to the point where I am very concerned about her financial situation and her care. I know my father left her some money, and I want to make sure that this money is correctly used for her care. But am I allowed to take over control of her affairs? 

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183
Article
Search warrants and my rights

19 October 2014

It’s Friday afternoon and you’ve just gotten home after a busy week with the prospect of a relaxing weekend ahead.... Suddenly there’s a loud knock on the door. You open the door to find a police officer on your doorstep. The police officer greets you formally and informs you that he wants to search your property as the police have received a tip-off of stolen contraband being kept in your house and that if you don’t provide consent, he will come back with a search warrant. What should you do?

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282
Article
Top 5 aspects that should be included in your employment contract

19 October 2014

You’ve just landed what should hopefully be your dream job and your new employer has provided you with your employment... contract to sign. You want to sign, make it official and celebrate but you are worried that you may be missing something important. What are the key aspects you should be looking for in your employment contract?

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227
Article
Medical negligence claims: what does the law say

11 September 2014

Medical negligence can take place in so many ways, and as a result it sometimes appears impossible for the ordinary... man on the street to know when and for what he may claim. In this article we highlight a few examples of possible negligence claims and the different forms of damages that can be claimed in each instance.

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367
Article
Can an employer demand biometric information from its employees?

06 April 2014

The need for greater and more stringent security measures in the business environment, has seen the introduction of sophisticated control... and security systems. These systems increasingly make use of biometric information such as fingerprinting, blood typing, voice recognition, retinal scanning etc. as unique personal identifiers allowing access to/egress from physical locations, programmes, systems or networks. For an employer to implement such control measures, biometric information must be collected from employees, raising questions as to whether employees can be forced to provide biometric information, under which circumstances and for what purposes.

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229
Article
A few things you should know before challenging the validity of a will

06 March 2014

Mrs Ambrosia passed away on 10 December 2013 at the age of 93. After her death it is discovered that... she executed a will on 10 June 2013 in terms whereof a recent acquaintance Mrs Nightshade becomes the sole beneficiary of her entire estate. The will also revokes all her preceding wills, including a will dated 1 January 2009 wherein her son, daughter and their respective children are indicated as Mrs Ambrosia’s beneficiaries. Mrs Ambrosia’s health had deteriorated systematically since 2010 and she was very ill at the time of her death. Can her children challenge the new will and if so what must they prove?

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272
Article
Act! Prevent abuse and domestic violence

22 November 2013

According to the crime statistics recorded by the South African Police Service (SAPS) and recently released by the Minister of... Police, it is still the unfortunate truth that up to 65% of violent crimes such as assault, murder and rape occur between people who know each other, often within the privacy of their homes where policing is restricted to only reported cases by the victims of such crimes. Crimes of this nature committed by people who are related to each other or who are in an intimate relationship fall within the category called “domestic violence”. The victims of these crimes are protected, provided they seek the necessary help.

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242
Article
Nuwe strandhuis: In my naam of die familie trust?

22 November 2013

Die vakansietyd is om die draai en Adriaan wil graag ‘n strandhuis koop. Hy wil hoofsaaklik die vakansiewoning as ‘n... langtermynbelegging hou en dit aan ander vakansiegangers uitverhuur ten einde ‘n ekstra inkomste te verdien. Hy het dit ook goedgedink om die strandhuis by sy dood aan sy seun te bemaak terwyl sy vrou die huurinkomste daarop verdien. Adriaan is egter een van vele kopers wat die volgende vraag op sy lippe het:  In welke entiteit moet ek my vakansiewoning koop?

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255
Article
POPI: Are you all set?

25 October 2013

The protection of privacy in South Africa has undergone intense investigation over the last decade. In late 2005 the South... African Law Reform Commission found that there wasn’t adequate protection and that a new, separate piece of legislation was needed for the proper protection of one’s personal information. This paved the way for the long process which is now finally coming to an end with the Protection of Personal Information Act (“POPI”) recently passed by the National Assembly and is now awaiting enactment. POPI holds implications for all businesses and you should assess your readiness for this important new piece of legislation.

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275
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.

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332
Article

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