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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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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Introduction to Labour Law and misconduct

Join us on Wednesday 15 February at 16h30 for a short hybrid webinar on Labour Law and Misconduct. This is a great opportunity for attorneys, labour consultants and human resource specialists to learn the basics, and have a drink with us afterward to network, or pick our brains. We welcome you to join us at our offices in Sandton, Cape Town or Durban, or online, and invite your colleagues to join as well.

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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”.

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INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

Employershave a common law duty to maintain discipline in the workplace. However, this dutydoes not come without its challenges. An example would be, what do you do whereyou (the employer) suspect that employees are collectively involved incommitting misconduct? How far do you go with the investigations and whatshould your investigations reveal to ensure that the employer is successful atthe CCMA, as well as mitigate further risks. Recentlythe Labour Appeal Court, in the matter of South African Commercial Catering andAllied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC8 (14 March 2023), examined this. The matter concerns the dismissal of a groupof employees due to shrinkages at their stores over a period of at least threemonths in 2016.

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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

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How does the new employment equity bill effect you?

On September 1, 2023, the long-anticipated amendments to the Employment Equity Act of 1998 will take effect in South Africa. The Employment Equity Act applies to all employers and employees who operate in South Africa, except the South African National Defense Force. The primary purpose of the Act is to promote equality and ensure that all employees receive equal opportunities in the workplace. The new Employment Equity Bill seeks to advance transformation of South Africa's workforce by setting equity targets for economic sectors and geographical regions.The Amendment Bill empowers the Minister of Employment and Labour to set employment equity targets for economic sectors and geographic regions. The amended Act allows the Minister to identify national economic sectors for the purposes of the administration of the Act and to determine regional targets given that racial diversity in South Africa often has regional differences. One of the key changes in the Bill is the regulation of unfair discrimination in situations where different employment conditions are applied to employees who do the same or similar work.

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