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Will AI be steering the future of M&A?

31 March 2025

The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses.... In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. 

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42
Article

Car balloon payments: Pop goes your budget!

31 March 2025

A car balloon payment may not be quite as festive as it sounds. Consumers often don’t consider the down-the-road impact... of a balloon payment. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.

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46
Article

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce. 

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45
Article

To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

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55
Article

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

READ MORE
38
Article

New SARS reporting puts trusts under the microscope

31 March 2025

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

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54
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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94
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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102
Article

Will AI be steering the future of M&A?

31 March 2025

The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses.... In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. 

READ MORE
42
Article

Car balloon payments: Pop goes your budget!

31 March 2025

A car balloon payment may not be quite as festive as it sounds. Consumers often don’t consider the down-the-road impact... of a balloon payment. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.

READ MORE
46
Article

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce. 

READ MORE
45
Article

To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

READ MORE
55
Article

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

READ MORE
38
Article

New SARS reporting puts trusts under the microscope

31 March 2025

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

READ MORE
54
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
94
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
102
Article
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Filter: Dispute resolution
Mediation now an option in Magistrate Court matters

26 July 2023

Mediation has for a number of years been a viable option for litigants in the High Court to attempt to... speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Magistrate’s Court Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the Magistrate’s Courts and specifically includes mediation as an option for parties involved in litigation. 

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414
Article
Settle your dispute with a settlement agreement

28 March 2023

In dispute resolution matters, the settlement agreement has become an important tool to cut short protracted conflict and litigation and... for parties to agree to a full and final settlement of their dispute. In this article, we explore in a bit more detail how and when a settlement agreement should be used to settle a dispute.

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480
Article
The importance of mediation, adjudication and arbitration in construction disputes

20 October 2022

Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred... to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.

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1075
Article
Is arbitration a good option for solving legal disputes?

14 December 2021

Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these... with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?

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758
Article
Can you force a party to mediate a dispute?

14 July 2021

I have a growing dispute developing with a service provider and it looks like it may head to court. However,... with delays and costs of litigation, I was wondering whether the option of mediation is not a better alternative. But can I force the other party to use mediation rather than going to court?

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662
Article
Disclosure of medical records vs the right to privacy

14 June 2021

A client recently fell over boxes standing in the aisle in my store. He is suing me for damages claiming... that the head injuries he sustained from the fall resulted in him being fired from work. I’ve heard from another source that he was dismissed because of a history of alcohol and drug abuse and that he has been in and out of rehabilitation. We’ve requested access to his medical and psychological reports, but his attorney refuses claiming medical privilege. Surely, this cannot be right, particularly if these can prove that there were other factors leading to his dismissal?

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716
Article
Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income... for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

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724
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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665
Article
Prescription and surety don’t always play well together

06 January 2021

Our company is owed money by one of our contractor companies who we helped with finance and provided us with... personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?

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808
Article
Is a power of attorney an abdication, or temporary delegation of your authority to act?

06 January 2021

I recently had to sign a power of attorney authorising my attorney to act on my behalf in my property... transfer. It just got me wondering about what exactly a power of attorney means and for how long it remains valid. Can you enlighten me?

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807
Article
Is government liable for an accident at a private nursery school?

10 November 2020

I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible... for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible? 

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639
Article
Can a body corporate institute action against the sectional title developer?

10 November 2020

In our sectional title scheme, it has become clear that many of the structures on the common property have been... poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?

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731
Article

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