Home /Our Insights /Home /Home
BOOK CONSULTATION SUBSCRIBE

Media

Latest Insights

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
5
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
8
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
5
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
86
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
655
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
675
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
5
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
8
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
5
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
86
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
655
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
675
Article
GO
GO
Filter: Commercial
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?

READ MORE
474
Article
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

READ MORE
251
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

READ MORE
234
Article
Why you need custom T&C's for your online business

10 February 2017

I’ve recently decided to launch an online business and I am setting up my website. My website developer has strongly... advised me to look at proper terms and conditions for my website. I’ve always thought these were relatively standard but now it sounds like it must be quite specific. Is this true, or can I just copy terms and conditions from other websites?

READ MORE
287
Article
The ‘when’, ‘who’ and ‘how’ of taking valid company resolutions

14 December 2016

I’ve purchased a shareholding stake in my dad’s family business. I’ve been part of the family business for some time... but now I’m a shareholder and clueless as to the basics of how the company’s shareholders are supposed to take decisions. What should I know about company resolutions?

READ MORE
307
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?

READ MORE
334
Article
Is the ‘indemnity’ still alive and well?

07 October 2016

Over the last few years I have read a number of articles that talk about the new Consumer Protection Act... and how it provides protection for me, the consumer. Yet, whenever I visit a shopping centre or sign an in-store agreement, I always wonder whether these disclaimers and indemnities are really enforceable, and if so, how has my position as a consumer, been improved by such legislation.

READ MORE
223
Article
What must my attorney keep confidential?

07 October 2016

I have an appointment with an attorney to obtain legal advice on my business and its structuring. I will have... to share certain confidential information with regards to my business with him. Does this fall under the protection of attorney-client privilege?

READ MORE
300
Article
What to do when your new second-hand car turns out to be a ‘lemon’

11 August 2016

I bought a second-hand car from a dealership about three months ago. The last week I’ve noticed that the engine... sounds terrible. I asked a mechanic to have a look at it and according to him the engine is shot and needs a complete overhaul, which  will be very expensive. The dealer said nothing about the engine being in such bad shape. But it is a second-hand car, so I’m not sure if I can return it or have the dealer fix it properly?

READ MORE
362
Article
Help! My competitor is stealing my customers!

02 June 2016

Just over two years ago I purchased a brand agency and included a restraint of trade clause in the sale... agreement preventing the seller from also opening up a brand company in the same region. Now just over two years later, the seller has opened up another brand company in direct competition to me and is actively canvassing my clients to move to his company. I paid him for his company and now he is trying to take away my customers. Is there anything I can do to stop him?

READ MORE
323
Article
What shares can my company have?

09 May 2016

I want to set up a private company for my business and have an investor that is interested in providing... some seed capital but asked for preference shares in return. I’m not quite sure though what the difference between a preference share and an ordinary share is. Can I lose control over the company if I give him preference shares?

READ MORE
243
Article
Rain is a blessing but not through the roof of my new house!

11 April 2016

I recently bought a beach house at the coast and we had our first stay there this long weekend. Much... to my dismay, we discovered that rainwater leaked extensively through the roof into the house. I asked a local builder to fix the problem, but he advised me that this was not just a quick patch job but would be pricey given major structural problems with the roof and an inadequate roof pitch. The seller never mentioned anything of these problems and I only became aware of this when it started to rain. What can I do?

READ MORE
309
Article

Newsletter Sign Up

Sign Up