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.
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"
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.
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.
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.
The procedure that one is to follow when seeking an order for the eviction of an unlawful occupier is provided for in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”). According to the PIE Act, a person may only be evicted from a property if he/she is an unlawful occupier. A person is an unlawful occupier if that person ‘occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land.’A lack of consent from the landlord can occur when the landlord has cancelled or withdrawn his/her consent which had been previously given to an occupier to stay on his/her property (due to, for example, the non-payment of rental obligations or any other breach of the lease agreement) or if the building in question has been hijacked.
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