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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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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THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

Biodiversity offsetting is a conservation strategy that aims to compensate for the negative impacts of development projects on biodiversity by creating or restoring ecosystems elsewhere. It involves calculating the ecological value of an area that will be disturbed or destroyed due to human activities, such as construction, mining, or infrastructure development, and then creating or enhancing similar habitats in other locations to counterbalance the loss.

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SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

Not many individuals are financially independent by the time they attain majority and turn 18 years old. Most 18 year-olds are, in fact, only just commencing their tertiary education and are in no position to support themselves financially. There are several conflicting High Court judgements pertaining to the question of whether or not a parent can claim maintenance for and on behalf of their major children. The recent judgement of Z v Z (556/2021) [2022] ZASCA 113 has resolved this long-standing question of law.

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PROTECTING SOUTH AFRICA’S NATIONAL HERITAGE RESOURCES

South Africa is a country rich in heritage resources that deserve special protection to ensure their preservation for future generations of South Africans. The National Heritage Resources Act was enacted in 1999 to give effect to the need for the country’s heritage resources to be protected and preserved.

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PSL served with court papers

Watch Bartho van Tonder on eNCA Inside Sport commenting on the legal aspects : “Royal AM cinch promotion but cannot...

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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.

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