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 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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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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