IN THE NEWS
Check-in or checkmate? Getting a handle on Airbnb in South Africa’s sectional title schemes
Airbnb is once again in the spotlight. From record tourism numbers to renewed debate around housing shortages in cities like Cape Town, short-term letting has shifted from side hustle to serious business. But as more owners tap into demand from swallows, digital nomads and long-stay visitors, pressure is building inside apartment blocks where the rules ... Read more
The clause effect: What your agreement might be missing (and why it matters)
An often-overlooked clause is the Survival Clause, says PJ Veldhuizen, MD of specialist commercial law ... Read more
From boardrooms to braais: Why M&A thinking belongs in your business toolkit
To most, the phrase ‘Mergers & Acquisitions’ conjures up high-stakes deals, sharp suits and the ... Read more
AI in business: A game-changer, but not a legal replacement
Businesses across South Africa are embracing artificial intelligence (AI) to streamline operations, boost efficiency and ... Read more
Reporting prejudicial conduct of directors and presiding officers
Wayward company directors who fail to comply with the obligations set out in Section 163 of the Companies Act can now be declared “delinquent” under certain ... Read more
Withholding evidence of a crime to pressure a party to settle a matter is a crime
The crime of compounding If you have been the victim of a crime and neglect to report or prosecute the accused or suppress any evidence ... Read more
Beneficiaries’ rights to information in a trust
Beneficiaries are entitled to a certain amount of information about the trust of which they are a beneficiary and trustees have a duty to disclose ... Read more
Vaccine mandates in the workplace – where to from here?
The CCMA has recently presided and ruled over 2 recent unfair dismissal cases surrounding the matter of enforceable vaccine mandates in the workplace. The findings ... Read more
Inner-city living. When is noise just noise and not a nuisance?
We all live in a world of noise. Our cities reverberate with the cacophony of urban development, construction and traffic – music filtering from bars ... Read more
Buying or selling a farm in South Africa – make sure it’s a watertight contract
The market for farms in South Africa has attracted significant interest over the last few years. There has been an increase in available properties, largely ... Read more
Is your Social and Ethics Committee obligated by Rule 41?
In May 2012 it became mandatory for every listed public company, state-owned company and any other company that has a public interest in terms of ... Read more
Signing surety doesn’t have to be a life sentence
A surety is effectively a contract between the creditor and the surety him- or herself and is usually worded in a manner so as to bind ... Read more
Public Policy deserves expert mediation
The recent Firearms Control Amendment Bill has sent a few tempers flaring; at least one could say “the debate is on.” The new Bill replaces ... Read more
Should you structure your business as a Partnership or as a Private Company?
Partnership agreements mirror the spirit and purpose of more formalised business structures such as a company, but are not as regulated by legislation.
Business rescue – more pros than cons, but for whom?
Depending from whose perspective you are looking when it comes to the pros and cons of business rescue, all ‘affected persons’ have a vested interest in ... Read more
Drawing up a Power Of Attorney – be careful whom you appoint to act on your behalf
A Power of Attorney, as the name implies, is a written authorisation for an appointed person to represent or act on another's behalf with regard to his/her private affairs, business, ... Read more
Considerations for managing someone’s affairs when they are unable to do so
As people get older, more forgetful and frail a practical solution is for a family member, lawyer, accountant or financial advisor (agent) to obtain a general power of attorney from that person (the principal) to manage day-to-day affairs and business on the principal’s behalf. However, ... Read more
Time to spring clean your personal estate document file
With September almost a memory, many of us will be reaching to the top of our cupboards, bringing down the summer gear, packing away the mandatory puffer jacket and dusting off our flip-flops. Something we do with gusto on an annual basis. While you’re at ... Read more
There’s no such thing as a free will
National Wills Week takes place in September and no doubt many an inbox will be filled with “Free Will” offerings. This progressive initiative introduced by The Law Society of South Africa (LSSA) and supported by many legal firms across the country is intended to encourage ... Read more
Buying or selling an ailing business? Be sure to publish your intended sale lest creditors come knocking
Section 34 of the Insolvency Act 24 of 1936 provides that if a business owner transfers their business to someone else - the goodwill of the business or any goods or property forming part of the business except in the ordinary course of business or ... Read more
Reporting prejudicial conduct of directors and presiding officers
Wayward company directors who fail to comply with the obligations set out in Section 163 of the Companies Act can now be declared “delinquent” under certain circumstances. Provisions within the Act allow for affected persons or prejudiced parties to report prejudicial conduct, abuse or mismanagement of ... Read more
Withholding evidence of a crime to pressure a party to settle a matter is a crime
The crime of compounding If you have been the victim of a crime and neglect to report or prosecute the accused or suppress any evidence against him or her in exchange for money or any other form of compensation you have committed a crime yourself, ... Read more
Beneficiaries’ rights to information in a trust
Beneficiaries are entitled to a certain amount of information about the trust of which they are a beneficiary and trustees have a duty to disclose that information. But trustees can sometimes be reluctant to disclose certain information, or it may be that beneficiaries are unclear ... Read more
Vaccine mandates in the workplace – where to from here?
The CCMA has recently presided and ruled over 2 recent unfair dismissal cases surrounding the matter of enforceable vaccine mandates in the workplace. The findings of the CCMA (which is the first step in all labour-related disputes), may still be challenged by disgruntled parties or ... Read more
Inner-city living. When is noise just noise and not a nuisance?
We all live in a world of noise. Our cities reverberate with the cacophony of urban development, construction and traffic – music filtering from bars and restaurants, ringtones, taxis hooting, dogs barking and people shouting. Whilst some noise is tolerable there are instances where it ... Read more
Buying or selling a farm in South Africa – make sure it’s a watertight contract
The market for farms in South Africa has attracted significant interest over the last few years. There has been an increase in available properties, largely due to Government’s redistribution-of-land policies, and some might add the increase in the cost of farming, but this availability of ... Read more
Is your Social and Ethics Committee obligated by Rule 41?
In May 2012 it became mandatory for every listed public company, state-owned company and any other company that has a public interest in terms of Section 72 and Regulation 43 of the Companies Act, to establish and maintain a Social & Ethics Committee (SEC) in ... Read more
Signing surety doesn’t have to be a life sentence
A surety is effectively a contract between the creditor and the surety him- or herself and is usually worded in a manner so as to bind the surety for any given amount and for an indefinite period in favour of the creditor. The South African Law of ... Read more