How important is the title of a contract?

It is important to note that the effect of a contract does not depend on the name given to it. Many people assume that the tittle of the contract will determine the relationship between the parties however it depends on the manner in which the contract is drawn.

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Vets are out and auditors and engineers are in!

Massive changes afoot for critical skilled workers list in South Africa… Recent updates to immigration law in South Africa has seen massive changes to the critical skills list – this now includes a focus on Information Technology Sector, Accounting and Auditing Sectors and Engineering Fields.

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Your right to housing - Section 26(3) of the Constitution.

Section 26(3) of the Constitution provides that no one may be evicted from their home, or have their home demolished, without an order of court, which can only be made after considering all the relevant circumstances.The Supreme Court of Appeal (SCA), in City of Cape Town v Commando and others, recently had occasion to consider the constitutional duty of a municipality to provide temporary emergency housing, specifically whether the constitutional obligation extended to making temporary emergency accommodation available at a specific location.

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What’s the deal with Electronic Signatures?

When can an Electronic Signature not be used? In certain instances, the use of electronic signatures is not permitted, these include:1. Contracts regarding the sale of immovable property. The Alienation of Land Act specifically requires that all agreements be signed on paper.2. Rental agreements for the lease of immovable property that are considered long-term (in excess of 20 years).3. The signing of a will or testamentary writing. Wills and codicils (addenda) to wills should be signed as a written document and in the presence of witnesses.4. According to The Bills of Exchange Act of 1964 documents such as cheques and pledges must be signed in writing.

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THREE METHODS OF AMENDING A TRUST DEED

In a nutshell, there are three main ways in which a trust deed may be amended.The first method is by signing an amendment agreement. The option is possible if the trust's founder is still alive since the founder will need to sign the amendment agreement with the trustees.Any beneficiaries who have derived a benefit from the trust must also sign the agreement since the amendment may have a bearing on their future position vis-a-vis the trust and whether or not they may receive any further benefit therefrom. This is the position that was confirmed in the case of Ferreira and Another v Van der Merwe N.O and Others [2019] ZAECPEHC 39

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Thomson Wilks Incorporated to donate 5% of its revenue to the Solidarity Fund

Thomson Wilks is a full-service law firm with offices in each of the major commercial centres. We may have an...

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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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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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"TIME'S UP! UNDERSTANDING SOUTH AFRICA'S PRESCRIPTION LAWS BEFORE IT"S TOO LATE"

The law of prescription in South Africa is governed by the Prescription Act, which came into operation on 11 August 1969. The Act governs the extinction of debts, claims, and rights after a specified length of time. In other words, it establishes a time limit during which a person must exercise their rights, failing which the right is permanently lost.The Prescription Act distinguishes between two sorts of prescriptions: extinctive and acquisitive. Extinctive prescription refers to the loss of the right to claim a debt or enforce a right, whereas acquisitive prescription refers to the acquisition of ownership or other real rights in property (after 30 years of continuous possession).

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URGENT APPLICATIONS AND WHAT YOU NEED TO KNOW

Urgent Applications are applications which allow the Applicant to approach the Court for immediate relief. The Applicant does not follow the normal court process as they will not be able to obtain adequate relief and will accordingly suffer irreparable harm if they do so. The usual time frames applicable in terms of the Uniform Rules of Court are dispensed with and condoned.When bringing an Urgent Application, the Applicant must set out in its Founding Affidavit the circumstances and reasons that make the Application urgent and must show the Court that it would not be able to obtain adequate relief/ redress if the usual course is followed. The applicant must also show that it has exhausted all other available remedies before approaching the Court on an Urgent basis.

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THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.

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The Rise of Cybercrime

Cybercrime has grown in prominence in South Africa and around the world. Individuals, corporations, and governments are increasingly vulnerable to cyber threats such as hacking, identity theft, and fraud as technology and the internet become more widely used. Everyone needs to be careful to secure their online assets due to the growing impudence of cybercriminals and the simplicity with which they can conduct their attacks.

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Thomson Wilks Attorneys – Ahead of the times and ready to go

Over the last decade law firms have had to adjust in terms of the way they deliver services to their...

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