NEWS & MEDIA

(featured article)

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

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.

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

The Franchisor may believe that once a franchise agreement has been signed with the Franchisee and if the agreement contains the pertinent details that they discussed, then it is indisputable. What could possibly go wrong if anything at all.

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

To some, becoming a ‘director’ is a career achievement but often is not taken with the gravitas that it should. Sitting on a company board as a director may be viewed for some as a golden ticket to picking up a large remuneration without doing too much work and more importantly not understanding the duties and responsibilities attached to that ‘directorship’.

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

In 2003, The City of Cape Town enacted a By-Law titled “The Environmental Health By-Law”.

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

On 28 April 2023 the Supreme Court of Appeal delivered a reportable Judgment in the matter of Louis N O and Others v Fenwick N O and Others which dealt primarily with the consequences of when a binding offer in terms of section 153(1)(b)(iii) of the Companies Act 71 of 2008 (“the Act”) is rejected, and the interpretation of how this affects s153(4) of the Act.

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

Should the franchisor evaluate their franchising documents for compliancy?

IN DUPLUM RULE AND ITS APPLICATION

The in-duplum rule is a legal principle that regulates the accumulation of interest on a debt. According to this principle, the accrual of interest on a debt will halt when the total accumulated interest reaches the same amount as the outstanding principal debt. This rule originated from the legal case Standard Bank of SA Ltd vs. Oneate Investment (Pty) Ltd 1995 (4) SA 510.

BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

The City of Cape Town’s Integrated Waste Management By-Law makes it possible for the City of Cape Town to clean up private properties at the owner’s expense.

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.

ANTON PILLER ORDERS

An Anton Piller Order is an order sought by way of an urgent ex parte application for immediate relief by an applicant who suspects that notifying the respondent will have the effect of affording the respondent time to either hide or destroy evidence which the Applicant requires in anticipated litigation. The aim of the order is the preservation of specific evidence.

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

A protection order is a legally mandated instrument designed to shield individuals from domestic violence or harassment. While the legal terrain may appear complex, we aim to provide clear and accessible information to empower individuals seeking protection.

SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

In the midst of a challenging fiscal landscape in South Africa, where a mounting budget deficit is exacerbated by strained tax collections, the South African Revenue Service (SARS) has taken an uncompromising stance against tax evasion. This intensified approach to revenue collection demands the attention of every taxpayer, prompting a crucial call to action. As your legal advisors, we urge you to stay vigilant and proactive in managing your tax affairs, for the consequences of negligence have never been more severe.

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.

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?

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...

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...

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.

MARIA D’AMICO – FASA’S NEW CHAIR FOR 2023/2024

I am honored to have been elected Chairperson of FASA for 2023/2024. During this period, I together with the CEO of FASA will aim to bridge the gap between the recent eventful past few years with a determined effort to use franchising to kick-start new economic growth and encourage entrepreneurial positivity at all levels. This will include franchise development and penetration throughout South Africa.The good news is that globally, franchising has fared better than independent businesses, thanks to its tried-and-tested business format that has resilience as a primary aspect of its DNA. That is the beauty of ‘the collective’ made up of franchisors and franchisees who, in times of crisis, come together to tackle the challenges, find solutions and forge new paths to success.

Its your money, right? Recent SARS changes to transferring South African funds abroad

The South African Revenue Service (SARS) has recently introduced new reporting requirements for international transactions, including the transfer of funds abroad. This change is aimed at increasing transparency and accountability in cross-border transactions and ensuring that individuals and businesses comply with tax regulations. SARS requires a "immigration" TCS pin or a "foreign investment allowance" ("FIA") TCS pin before transferring funds. The former applies to those sending money from South Africa after their South African tax residency ends. The latter will apply in all other cases involving remittances from South Africa

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.

A house needs AN owner

Freedom of testation is one of the founding principles of the South African law of succession. Testators are free to direct how their estate should devolve and can dispose of their assets as they deem fit. Drafting a last will and testament requires careful consideration of who will be the estate heirs and how the assets will be distributed.Often, estates consist predominantly of immovable property, such as the house the testator resides in. Testators are quite fond of the idea of turning their houses into a “family home”. This means making all of their children and/or grandchildren beneficiaries of the house. The aim is to be fair and to strengthen family ties. The hope is that this will ensure that the whole family is taken care of. This decision is made with the utmost compassion in mind.

HIGH COURT RULES NO LOAD-SHEDDING FOR EDUCATION, HEALTH AND POLICING FACILITIES

On 5 May 2023, a full bench of three judges in the High Court of South Africa, Gauteng Division, Pretoria (“the Court”) ordered that the Minister of Public Enterprises (“the Minister”) shall take all reasonable steps, within 60 days from the date of the court order, to ensure that all public health establishments, public schools and the South African public service and police stations are no longer affected by load-shedding.Loadshedding is the process used by Eskom (South Africa’s electricity provider) to cut off the supply of electricity to alternating areas of the country on a scheduled and rotational basis. The aim is to protect the integrity of the collapsing energy grid. Load-shedding has plagued South Africa for the last 15 years and it only seems to be getting worse over time.

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NEWS & MEDIA

(featured article)

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

Read more

read more

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

read more

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

read more

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

read more

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

read more

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

IN DUPLUM RULE AND ITS APPLICATION

read more

BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

read more

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

read more

ANTON PILLER ORDERS

read more

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

read more

SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

read more

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

read more

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

read more

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

read more

Fake news in the era of COVID-19

read more

URGENT APPLICATIONS AND WHAT YOU NEED TO KNOW

read more

MARIA D’AMICO – FASA’S NEW CHAIR FOR 2023/2024

read more

Its your money, right? Recent SARS changes to transferring South African funds abroad

read more

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

read more

A house needs AN owner

read more

HIGH COURT RULES NO LOAD-SHEDDING FOR EDUCATION, HEALTH AND POLICING FACILITIES

read more

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