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When and how can a trustee resign from a trust?

03 December 2024,  Elani Volschenk

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

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Capital gains distributions between trusts – who gets taxed?

03 December 2024,  Dr Candice Reynders

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

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552
Article
Can you challenge maintenance when you’re in arrears?

03 December 2024,  Zelnè du Toit

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

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Article
Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024,  Wisani Maluleke

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

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763
Article
Slip and trip: who is liable?

27 November 2024,  Nathan Christians

With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they... need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.

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Developers caught off guard with sectional title costs

31 October 2024,  Natalie Steenkamp

In a recent ruling, the KZN High Court clarified that developers holding a real right of extension are   responsible for... contributing to the maintenance costs of sectional title schemes.

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341
Article
See no evil, speak no evil: reporting misconduct

30 October 2024,  Odirile Matladi

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

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340
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Cast your nets and navigate the waters of phishing and whaling

30 October 2024,  Dr Damian Viviers

With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint... from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.

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257
Article
Who pays for construction delays?

29 October 2024,  Herman du Randt

There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule... - It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.

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Why the right executor is vital for your family

29 October 2024,  Tebello Setleko

Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to... handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.

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Landowners, be fire-wise!

28 October 2024,  Eldon Ward

The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer.... However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires. 

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474
Article
Merging the pieces when transactions become indivisible

03 October 2024,  Luhann Prinsloo, Sian Angus

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

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