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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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44
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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638
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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657
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
702
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
40
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
68
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
68
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
44
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
638
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
657
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
702
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
40
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
68
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
68
Article
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Filter: Consumer
To post or not to post? When is privacy violated?

21 March 2022

Your neighbour has been piling heaps of rubbish on his sidewalk. You’ve raised the issue with him but to no... avail. Now you’ve taken photos of the mess and want to post them on Facebook to try and get other neighbours to also put pressure on him to clean up the mess. However, you pause and wonder about whether you can post the photos and identify your neighbour. Is it an invasion of privacy, or in the public interest?

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364
Article
What does the Electronic Deeds Registration System mean for the consumer?

11 November 2019

I have a property portfolio and am constantly buying and selling properties. I’ve recently seen media reports that a new... electronic deeds registration system is coming for South Africa. For me speed of sale and registrations is vital. Will this new system improve or worsen the current registration processes?

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406
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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335
Article
POPI allows you access to your personal information

04 October 2018

I run a small franchise electronics store. I collect basic personal information from our customers that we keep on file... and use for marketing notifications to our customers. The other day an upset customer demanded to know what personal information we have of her and said that the POPI Act gave her the right to request a complete copy of her personal information we have. We gave it to her, but I was just wondering whether she really has the right to ask for this?

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296
Article
Is it the end of smoking?

12 July 2018

I am both a smoker and business owner that sells cigarettes. I understand that new legislation is being proposed that... will affect me as a smoker and my business. Is this true and what should I be preparing for?

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242
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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319
Article
Does POPI apply only to electronic records?

09 August 2017

I’m an accountant and work from home. I don’t have a computer and have been doing all my work for... years only on paper. My clients have been with me for a long time and I keep physical files for each of them. I’ve taken note of POPI, but I am unsure as to whether it will apply to me, as I don’t have any client information in electronic form. Surely I don’t need to worry about POPI?

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252
Article
POPI and the transfer of personal information outside of South Africa

14 July 2017

I operate a local travel agency that primarily books overseas vacations and travel arrangements for clients. This process involves making... arrangements with overseas businesses, such as restaurants and hotels. Am I correct when is say that POPI will have an impact on my ability to transfer personal information of my clients to other countries? What will my obligations be in this regard?

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280
Article
A strange thing called servitude

09 June 2017

I applied to my municipality to have the building plans for the extension of my garage approved. The municipality rejected... my proposed extension on the grounds that it would be constructed over a servitude registered against my title deed in favour of the municipality. What is a servitude? Can I have it removed?

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276
Article
Opportunities under the new Forestry Sector BEE Code

09 June 2017

I have a small black-owned business providing timber and poles to contractors and supply shops. I understand that the new... Forestry Sector BEE Code is aimed at creating more opportunities for businesses working in this sector. Is this so?

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259
Article
Is a time bar clause in a contract enforceable?

05 April 2017

My company concluded a contract with a supply company to supply us with imported tiles. Given their reasonable price we... bought a large shipment of the tiles. About 9 months later we discovered that a large number of the tiles were broken. We approached the supply company to replace the tiles, but they refused stating that our contract states that we had to notify them of any defects or damage in the tiles within 6 months of delivery. Surely they can’t rely on such a clause when they in fact delivered broken tiles?

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260
Article

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