Neighbours Behaving Badly: Illegal Buildings and Demolition Orders

“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures on their land and then present the authorities with a fait accompli created by their illegal actions” (Extracts from judgment below) What do [...]

By |2023-02-05T18:28:55+02:00February 5th, 2023|Commercial Law, Property, Property Law|Comments Off on Neighbours Behaving Badly: Illegal Buildings and Demolition Orders

“Double Jeopardy” for Tax Evasion – Penalties plus Prosecution

“Administrative penalties and criminal proceedings do not serve the same purpose. The [one] is aimed at strengthening internal controls of the administrative authority and to promote compliance while the other is aimed at correcting a behaviour that caused harm to the society.” (Extract from judgment below) SARS has announced major crackdowns on tax defaulters, and [...]

By |2023-01-22T18:40:54+02:00January 22nd, 2023|Commercial Law, Property, Property Law|Comments Off on “Double Jeopardy” for Tax Evasion – Penalties plus Prosecution

Living Wills: 6 Myths Busted

Health issues and mortality are facts of life, no matter how remote they may seem at the moment, nor how distressing they are to contemplate. For your family’s sake as well as for your own, make sure that you have a Living Will (or another form of “advance healthcare directive” such as a Durable Power [...]

By |2023-01-22T18:38:29+02:00January 22nd, 2023|Commercial Law, Property, Property Law|Comments Off on Living Wills: 6 Myths Busted

When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?

“A kustingbrief … has long been recognised as a superior front-ranking form of security.” (Extract from judgment referred to in the article) You accept a great offer on your property, the sale agreement is signed and the buyer pays the deposit. You put the champagne on ice. But before you can pop it open, the [...]

By |2023-01-22T18:35:49+02:00January 22nd, 2023|Commercial Law, Property, Property Law|Comments Off on When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?

New Year, New Business – How to Pick the Right Legal Entity for It

“Owning one's own business is an adventure – enjoy it every step of the way.” (From the SME Toolkit article referenced below) First, three questions to ask yourself… If you dream of going into business for your own account in 2023, ask yourself these questions before you get started – Am I an entrepreneur? You have an amazing [...]

Employers: Don’t Miss Your Employment Equity Report Deadline!

Before you close up for the year, remember that if you are a “designated” employer, your Employment Equity Act (“EEA”) Report is due on 15 January 2023. Failure to comply carries substantial penalties so don’t miss this deadline. You are likely to be a designated employer if either – You have 50 or more employees, or Your annual [...]

By |2022-12-16T19:17:12+02:00December 16th, 2022|Commercial Law, Property, Property Law|Comments Off on Employers: Don’t Miss Your Employment Equity Report Deadline!

A “Running Down” Damages Claim – Elite Athlete v Happy Snapper

“This is a running down case: literally” (Extract from judgment below) The scene is Cape Town’s iconic Sea Point Promenade. An elite runner participating in a race knocks down a pedestrian out for a Sunday walk, causing serious injuries. The pedestrian sues both the runner and the race organiser for damages of R718,000. The outcome [...]

By |2022-12-16T19:15:17+02:00December 16th, 2022|Commercial Law, Property, Property Law|Comments Off on A “Running Down” Damages Claim – Elite Athlete v Happy Snapper

Generational Wealth Planning – To Your Children and Beyond!

“Are we being good ancestors?” (Jonas Salk) What do you plan to give your family this Festive Season? Now’s the time to think beyond the brightly wrapped gifts under the tree and get started on an estate plan which will leave your loved ones the lasting gift of financial freedom. Estate planning involves a lot [...]

By |2022-12-16T19:12:19+02:00December 16th, 2022|Commercial Law, Property, Property Law|Comments Off on Generational Wealth Planning – To Your Children and Beyond!

Selling Property this Festive Season: The Tax Angle

December and January have always been prime months for selling residential property in South Africa, and if you are a “Festive Season Seller”, here are two really important tips for you. Plan your finances understand and plan for all the financial implications, not just the legal ones. Prepare a cash-flow forecast so that you know [...]

By |2022-12-16T19:09:37+02:00December 16th, 2022|Commercial Law, Property, Property Law|Comments Off on Selling Property this Festive Season: The Tax Angle

If the Municipality Rejects Your Building Plans, Consider PAJA

“The Constitution guarantees that administrative action will be reasonable, lawful and procedurally fair. It also makes sure that you have the right to request reasons for administrative action that negatively affects you.” (Department of Justice and Constitutional Development) Bureaucratic decisions can and do have far-reaching consequences for us, both financially and in our personal lives. [...]

By |2022-11-05T11:49:37+02:00November 5th, 2022|Commercial Law, Property, Property Law|Comments Off on If the Municipality Rejects Your Building Plans, Consider PAJA
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