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Can Landlords unilaterally charge for additional services?

02 May 2024,  Deonay Scholtz

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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Suretyship vs Guarantee. What’s the difference?

02 May 2024,  Sharne Losper

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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Leave to Appeal vs Special Leave to Appeal

02 May 2024,  Jonathan Le Riche

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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Can a sheriff demand a deposit before executing its work?

02 May 2024,  Jonathan Le Riche

In this article, we look at recent case law which answers the question of whether or not a sheriff can... demand a deposit before executing certain court processes.

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Social media vulnerability: A headache for employers?

01 May 2024,  André van NiekerkDr Damian ViviersMark le Riche

Personal information has become the currency of the digital economy. Despite growing awareness of the importance of protecting one’s right... to privacy, many people find themselves sharing, providing, conveying and divulging information across multiple platforms and devices as part of their daily ritual of engaging, trading and communicating with others. Unfortunately, it is exactly this carefree mindset which plays into the hands of lurking cybercriminals and can also impact employers.

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Personal device use - a red flag for cybersecurity

01 May 2024,  Dr Damian ViviersMark le Riche

With Covid-19 having fast-tracked the remote and hybrid working model in many businesses, these flexible methods of work have also... increased the scope for employees to use their personal devices to work and remain engaged with their clients and employer. As beneficial as this is for employees and employers, it is not without risk. In this article, we look at personal device use and the potential impact this may have on the cybersecurity environment of a business.

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Why dispute resolution provisions matter in contracts

01 May 2024,  Mark le RicheMillisanté de Wee

No one enters into marriage anticipating divorce. Similarly, when parties negotiate and conclude a commercial contract, the last thing on... their minds is a dispute that may arise in future. However, just as divorce happens, so contractual disputes are commonplace. Selecting suitable dispute resolution mechanisms in your contract is therefore crucial to navigating any future disputes. In this article, we touch on various dispute resolution mechanisms available to parties involved in commercial contracts. 

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The importance of securing your social media account

01 May 2024,  Ahmed DhupliDr Damian Viviers

With social media and online platforms driving sales, client engagement and marketing in many businesses, it is small wonder that... cybercriminals are increasingly targeting social media and other accounts of businesses. In this article we look at some of the risks businesses may face and basic steps a business can take to make their social media accounts safer.

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Putting ethics and social responsibility back into corporate governance

29 April 2024,  Millisanté de Wee

The King IV Report published in 2016 (“King IV”) remains essential to understanding the concept of good corporate governance in... South Africa. In today’s times when the media is littered with disreputable reporting and inefficient governance, it is worthwhile to perhaps circle back to King IV and what it holds out as the standard for entities to ensure their corporate governance is ‘above board’.

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Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024,  Eldon Ward

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

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Three’s a crowd? SARS, Trusts and Beneficial Ownership

22 April 2024,  Dr Candice ReyndersElani van Coller

The General Laws Amendment Act 22 of 2022 (“Amendment Act”) promulgated as part of legislative framework changes by South Africa... to curb money laundering, has introduced key changes to the trust environment, requiring extensive beneficial ownership and other reporting by trusts. SARS is also aligning its tax and data collection imperative with these changes by requiring similar reporting as part of trust tax submissions. In this article, we review the impact of these changes on trusts.

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Is the trust dead? Long live the trust!

22 April 2024,  André van NiekerkDr Candice Reynders

Many clients, when we suggest using a trust for their estate or corporate structuring, enquire whether a trust is still... a safe option to consider. This question likely stems from the negative publicity trusts have received over the last few years, along with the high taxation imposed by SARS. However, our answer is always the same, if used correctly and for the right purpose, then 'Yes’, a trust is still a good option to be considered. In this article, we explain why we still consider a trust to be relevant.

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