Budget 2023: The Minister of Finance Wants to Hear from You!

“Finally, we pay tribute to the millions of South Africans, whose resilience and courage during these times of pandemic and economic hardship, is an inspiration to all of us who have the privilege to serve in the public sector.” (From the 2022 Budget Speech) Finance Minister Enoch Godongwana has invited the public to share suggestions [...]

By |2023-02-05T18:41:24+02:00February 5th, 2023|Commercial Law, Property, Property Law|Comments Off on Budget 2023: The Minister of Finance Wants to Hear from You!

Check All Emailed Bank Details for BEC (“Business Email Compromise”) Frauds

“…sending bank details by email is inherently dangerous, and so must either be avoided in favour of, for example, a secure portal or it must be accompanied by other precautionary measures like telephonic confirmation or appropriate warnings which are securely communicated.” (Extract from judgment below) Before you make any payment to a supplier’s bank account [...]

By |2023-02-05T18:36:28+02:00February 5th, 2023|Commercial Law, Property, Property Law|Comments Off on Check All Emailed Bank Details for BEC (“Business Email Compromise”) Frauds

Tell All Your Creditors When You Change Address! The Case of the Summons Served on a Complex Security Guard

“In my view, given the difficulties of a sheriff or his deputy accessing a security complex in the absence of the occupant for the purposes of service in terms of rule 4, service of process by way of it being handed to the security guard at the complex, a responsible employee older than 16 years, [...]

By |2023-02-05T18:34:30+02:00February 5th, 2023|Commercial Law, Property, Property Law|Comments Off on Tell All Your Creditors When You Change Address! The Case of the Summons Served on a Complex Security Guard

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
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