NEWS & MEDIA

(featured article)

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

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

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.

Ex parte, rule nisi and urgent applications: The Basics

Recently, Thomson Wilks successfully launched an urgent ex parte application in the High Court and a rule nisi court order was granted in our client’s favour. Basic legal terms such as ex parte and rule nisi, as well as what constitutes an “urgent application”, can be confusing for new clients and laymen.EX PARTEThe audi alteram partem principle is an important legal principle which exists in our law. This translates to “let the other side be heard.” In accordance with this principle, a court should never make an order against a person unless that person has received proper notice of the legal relief sought against him and he has been given an opportunity to defend him himself. An “ex parte” application is a departure from this rule and is brought before a court of law without any notice given to the opposing party.

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.

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’.

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?

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

Companies facing financial distress suffer from rapidly growing tax liabilities, increase in debt, lack of cash flow, and a breach of contracts. Financial distress should cause a business to consider business rescue before its effects become irreversible, which could lead to the company's liquidation.

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...

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.

BEWARE! Rental scams on the rise

Rental scams are unfortunately on the rise in South Africa, forcing victims to face cataclysmic consequences. A rental scam is when a scammer will pose as a landlord and attempt to obtain money from a potential tenant for a rental property that they are not the lawful owner of. The scammer will often place an advertisement for a property with pictures included and a seemingly legitimate rental agreement. The property itself may be real or fictitious.

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.

CRYPTO REGULATIONS – DEVELOPMENT IS ONGOING

In a recent article by MoneyWeb, the lack of regulation over cryptocurrency (“crypto”) was brought to light. This is due to the recent crypto crashes which has caused substantial losses to those who have invested in the industry.

Criminally liable? The Boksburg Explosion explained

The 32 year old driver implicated in the horrific Boksburg Explosion on 24 December 2022, was released, and the public was up in arms. The explosion left at least 41 people dead when a fuel tanker carried liquefied petroleum gas failed to safely pass under a railway bridge in Boksburg. The nearby Thambo Memorial Hospital was also damaged and many of its staff, in its carpark were inured.

Another Accolade for the THOMSON WILKS TEAM

Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. We are pleased to have our team members recognised with 5 awards for 2023.

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NEWS & MEDIA

(featured article)

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

Read more

read more

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

read more

Your right to housing - Section 26(3) of the Constitution.

read more

Ex parte, rule nisi and urgent applications: The Basics

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

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

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

read more

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

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

The Rise of Cybercrime

read more

BEWARE! Rental scams on the rise

read more

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

read more

CRYPTO REGULATIONS – DEVELOPMENT IS ONGOING

read more

Criminally liable? The Boksburg Explosion explained

read more

Another Accolade for the THOMSON WILKS TEAM

read more

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