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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THE RATE INCREASE AND ITS IMPACT ON THE PROPERTY MARKET

With yesterday’s 50 basis point increase and subsequent prime lending rate raising to 11.75% (coincidently not the highest it has been in our Country’s history) the already stressed consumer is now stretched even further.The Governor of the Reserve Bank having stated that albeit some aspects of inflation had cooled, inflation remained outside the bank’s target of between 3-6%. Meaning that if the key indicators did not reduce within the next review period the chances of a further increase of the REPO were likely. Coupled with unstable energy and an international market already shaken by the war in the Ukraine and potential default of the United States… the likelihood is sadly high.

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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:

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ZEP permits expiring end of June 2023 – “We are sleepwalking into a catastrophe”, says lawyer for Zimbabwe Immigrants Forum

Blanket visa exemptions for Zimbabweans illegally in SA were introduced in 2009 under the Dispensation of Zimbabweans Project (DZP) . The long used Zimbabwean exemption permits will expire at the end of June 2023 which means 178,000 ZEP holders and their families will be declared illegal foreigners on 1 July 2023. Some have called this a massive humanitarian crisis.The expiry of the ZEP permits will likely leave huge gap in the South African work force as well and this danger has not been addressed by the South African Department of Home Affairs. Another issue which does not seem to have been considered is the likely pressure to be experienced at the South African Zimbabwean borders. There will be an estimated 178,000 ZEP holders leaving at the end of June 2023. Private travel between the countries, and logistics companies will also feel the effect of the ZEP cancellations and will not be able to cross the border freely.

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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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