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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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4
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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6
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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3
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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3
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.

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49
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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83
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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653
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
669
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
4
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
6
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
3
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
3
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
49
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
83
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
653
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
669
Article
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Filter: BEE
Is BEE compliance a legal requirement for estate agents?

08 August 2018

I run a small estate agency in town. I’ve recently listened to a radio discussion that implied estate agencies will... also have to be BEE compliant and get a BEE certificate. Is this true? I’m a small agency and cannot imagine that BEE compliance would be applicable to my business?

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306
Article
Many benefits for a 51% black owned company

08 August 2018

My start-up business has been growing rapidly and I’m considering bringing a partner on board to invest and help take... the business to the next level. I’m keenly aware of the importance of transformation and have identified a potential BEE partner who is prepared to take up a 51% stake in my business. That said, a new partner is a big decision and I just want to make sure there is sufficient strategic benefit in doing so?

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474
Article
New Preferential Procurement Regulations see the light

08 March 2017

My business is quite reliant on government tenders. I understand that new procurement regulations will soon be published which will... impact on government tender processes. How concerned should I be?

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274
Article
Must I procure from my Supplier Development beneficiary?

10 February 2017

About four years ago my company entered into an enterprise development agreement with a new BEE company starting up in... our sector as part of our commitment towards BEE and enterprise development. In terms of our agreement, we provide them with support and even financial assistance and have helped them find their feet in our industry. Although we work closely with them, we don’t procure anything from them. Will this initiative be recognised under the revised Enterprise and Supplier Development element of the Amended BEE Codes?

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207
Article
Reaping the benefits of empowering your employees

09 November 2016

I am the owner of a construction business. In our industry skills development is very important and I invest where... possible in training my staff. I understand that if I allow my staff to take up learnerships through my company there are certain tax benefits that I can use to help cover the costs of the learnerships. Is this correct?

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334
Article
Take note of the New Construction BEE Codes

09 November 2016

I own a construction company which is heavily reliant on state tenders. I understand that new construction BEE codes are... coming soon. I am worried about these new codes as the old construction codes had many provisions that my company found difficult to comply with. Will this be the case again? What should I be on the look-out for?

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431
Article
New procurement regulations will change the tender environment

12 September 2016

My business is heavily dependent on government tenders. I have heard talk of new tender regulations that are coming that... will have a dramatic impact on the tender requirements. Is this true?

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290
Article
What you need to know about the new BEE Regulations

11 August 2016

I see in the news that new BEE Regulations are now in force. It there anything I must be aware... of for my business?   

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351
Article
Once empowered, always empowered?

07 July 2016

I own a mining company. In 2004 we sold a 26% stake in our company to a black entrepreneur in... order to meet the requirements of the Mining BEE Charter. The same partner recently decided to sell his shares back to us, which means we have lost our BEE ownership. I have however heard of the principle of ‘once empowered, always empowered’ applying in the mining sector. Is this true and will my company still be recognised as having BEE ownership?

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438
Article
Phatshoane Henney Group spends over R50 million on BEE and transformation

29 June 2016

The Phatshoane Henney Group, South Africa’s largest association of independent law firms, has just released its first Group Transformation Report... to benchmark the impact of the Group on transformation in the country’s legal sector, notwithstanding the continuing absence of a clear legal sector BEE Charter.

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308
Article
Reviewing the new draft Mining BEE Charter

02 June 2016

I own a small mining company. One of my colleagues in the industry told me that a new draft Mining... BEE charter has been published. Is this true? If so, what are the main elements of this new draft charter and how will it affect my business?

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236
Article
Impact of the Revised Marketing, Advertising and Communication Sector BEE Code

09 May 2016

I own a marketing company where we do everything from designing websites, running social media campaigns, media advertising and brand... development for clients. I understand there are new BEE regulations which I must comply with. How will this affect my business?

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267
Article

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