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Shortlisted for the 2024 African Legal Awards

11 July 2024,  Dr Candice ReyndersLuhann PrinslooSoekie Smith

We are thrilled to announce that we have been shortlisted for the prestigious African Legal Awards.

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48
Article
Mediation – a go-to option for divorcing couples

27 June 2024,  Chang-Lin Dirks

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

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209
Article
Outstanding charges, body corporates and sales in execution

27 June 2024,  Corlia van Zyl

Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies... of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.

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316
Article
Businesses, body corporates, and the right to electricity

27 June 2024,  Michaela Assur

Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to... pay its service fees to the municipality? 

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241
Article
Stoners may be exempted from zero-tolerance policy

27 June 2024,  Tata Mokwayi

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

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227
Article
Trustee responsibilities have become even heavier

26 June 2024,  Hadiyo Mathoka

The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a... trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.

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279
Article
Where does director liability end?

26 June 2024,  Neo Madlala

The actions of a company director are often seen as the actions of the company, leading to the perception that... where a company has potentially caused harm or damage at the direction of its directors, the directors are automatically liable for such loss or damage. Our Supreme Court of Appeal recently had occasion to consider this position and when directors can be held liable.

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441
Article
Electric vehicle tax incentives hold business opportunities

26 June 2024,  Armand VermeulenJohnny Davis

A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local... electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines. 

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464
Article
When is the National Credit Act applicable to a credit agreement?

19 June 2024,  Jaco Van den Berg

Understanding when the National Credit Act (NCA) applies to credit agreements is crucial for both consumers and providers, highlighting the... need for legal advice to navigate its complexities.

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121
Article
Can a minor validly enter a contract?

19 June 2024,  Jaimee Best

Many people are aware that minors have a ‘limited’ capacity when it comes to legally binding themselves and entering contracts,... however, the circumstances in which a valid contract can be concluded by a minor are less commonly known. 

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185
Article
Unfair dismissal? Your rights during business rescue

06 June 2024,  Lesley MokgoroOdirile Matladi

Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before... you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.

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211
Article
Body corporates and access to information. What are the rules of engagement?

29 May 2024,  Nathan Christians

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

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496
Article

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