There are many foreigners electing to immigrate into South Africa

With the mass exodus of skilled South Africans to other countries there are many skilled jobs available for foreigners to fill and we now have a large number of foreigners entering South Africa to fill these essential skilled positions.

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THE DUTY OF DISCLOSURE – WHEN DEFECTS COME BACK TO HAUNT YOU

A seller, in terms of the Property Practitioners Act, Act 22 of 2019, (the Act) per section 67, has a duty to disclose all defects in the property. It’s a rather broad statement and leads one to ask what if they were not aware of certain defects? An example of such would be subduction of earth under the foundation after heavy rains leading to damage to the property due to the foundation being compromised. This would not be considered under the purview of the act as it is not a patent defect… a defect that is so obvious and visible that it must be disclosed. It could be a latent defect that the seller was not aware of, and only became apparent because of the weather.

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SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

Should the franchisor evaluate their franchising documents for compliancy?

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Tax implications for non-residents of South Africa for the sale of immovable property.

The sale of immovable property in South Africa by non-residents has tax implications that need to be considered. If the sale price exceeds R2 million, non-residents are potentially required to pay withholding tax to the South African Revenue Service (SARS) under section 35A of the Income Tax Act.To determine whether the Sellers are subject to section 35A of the Act, the first step is to establish their residency status in South Africa, as this section only applies to non-resident sellers. The Act provides two tests to determine residency, namely the ordinary residence test and the physical presence test. If a person meets either of these tests during the year of assessment, they are deemed to be a "resident" for tax purposes. To qualify as an "ordinarily resident" in South Africa according to common law, a person must typically return to South Africa from their travels and consider South Africa as their primary or principal residence, or their "real home"

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STEERING CLEAR FROM INSIDER TRADING

Insider trading occurs when a trade is made based on the inside information. Making a trade based on rumours is not enough to constitute insider trading, however making a trade after being told by an insider that the rumours are actually true constitutes insider trading

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Refusal to work overtime absent an agreement, can you be dismissed?

Employers often enter into employment relationships with employees with the primary objective of advancing their financial interests. It is the most fundamental and known principle of employment that employees are employed to advance the employer’s financial objectives – put simply, to achieve production. But what happens when the employer refuses to work overtime? Is the agreement entered into at the commencement of the employment relationship sufficient to rely on throughout the course of employment? An employer who dismissed employees for insubordination for refusing to work overtime has recently been ordered to retrospectively reinstate employees with full back pay. This arises after the employees refused to work overtime. The employer relied on their employment agreements which had an overtime clause.This clause has become common that most employers have it almost in all employment agreements and rely on it when employees refuse to work overtime throughout the course of employment.

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Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

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How to handle employees’ claims of contracting COVID-19 and their subsequent absence

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How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

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Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

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COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

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Global Assets, Local Heirs: Estate Planning Essentials for South Africans

For many South Africans, diversification now includes assets outside our borders - property in London or Lisbon, a brokerage account in New York, funds in Mauritius, or shares in a multinational.

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Why Strategic Intergenerational Wealth Planning is Critical for Family-Owned Businesses

Family-owned businesses form a vital part of South Africa’s economic fabric.

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Situs Tax: The hidden estate risk for South Africans with offshore investments

With global investment opportunities becoming increasingly accessible, more South Africans are diversifying their wealth across borders.

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Tax Law Tightens For SA Trusts with Offshore Beneficiaries

South Africa’s recent amendment to section 25B of the Income Tax Act introduces a material change in the taxation of income distributed by resident trusts to non-resident beneficiaries.

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Legal uncertainty: Can extreme violence render a protected strike unprotected?

On 28 January 2025, the Durban Labour Court in South African Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal, Provincial Commissioner: SAPS, NUMSA, RETUSA and others 2025 ZALCD 3 dismissed an urgent application by Bidvest to, amongst other things, have a protected strike declared unprotected on the basis of acts of extreme violence committed against its employees and those of its contractors,and interdicting the employees from striking until picketing rules had been agreed or issued by the CCMA.

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All eyes on the Pretoria High Court: The DA’s challenge to the EEA amendments heads to court for hearing on 6 May 2025

On 14 June 2023, the Democratic Alliance (“DA”) launched an application in the Pretoria High Court, challenging some of the most recent amendments to the Employment Equity Act 55 of 1998 (“EEA”), as unconstitutional and invalid.

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