In the recent judgment Cooper N O and Another v Curro Heights Properties (Pty) Ltd [2023] ZASCA 66, the Supreme Court of Appeal (SCA) highlighted again why it is so important that any purchase of land complies with the law. In this case the court dealt with section 2(1) of the Alienation of Lands Act, Act 68 of 1981, and that the object of the sale must be carefully and correctly described.The facts of the case briefly are as follows, the liquidator and purchaser came to an agreement to purchase the property, the first purchase agreement failed due to non- payment of the deposit. The parties then concluded another agreement, but again the purchaser failed to pay and only paid the deposit after a letter of demand was issued. Due to the delay an addendum was signed pushing the transfer to a later date, a second addendum was then signed, dealing with the incorrect erf number of one of the properties in the deal. It was signed by the Sellers and sent to the Purchaser for signature, it was at this point that the litigation arose. The Purchaser requested that an erf, the “ring road” be subdivided to ensure that only the part that the Purchaser wanted be transferred to thePurchaser.
Employers have a common law duty to maintain discipline in the workplace. However, this duty does not come without its challenges. An example would be, what do you do where you (the employer) suspect that employees are collectively involved in committing misconduct? How far do you go with the investigations and what should your investigations reveal to ensure that the employer is successful at the CCMA, as well as mitigate further risks.Recently the Labour Appeal Court, in the matter of South African Commercial Catering and Allied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC 8 (14 March 2023), examined this. The matter concerns the dismissal of a group of employees due to shrinkages at their stores over a period of at least three months in 2016.
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.
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
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.
Franchise law is specialised because we have an Act called the ConsumerProtection Act (CPA) and an attorney who deals in franchising wouldneed to understand how the provisions of the CPA are applicable to thefranchise agreement and disclosure document (the franchise documents). Whenan attorney prepares a franchise agreement, it has to comply with the CPA. Inaddition, the CPA has regulations that set out the information that needs to beinserted in a franchise agreement. I am of the opinion that if a franchise agreement does not comply with theCPA, the franchisee may resile from the franchise agreement i.e., elect toterminate the franchise agreement. Your franchise agreement is a legal documentthat contains all the obligations of the franchisee and the franchisor, whichmust also reflect the costs that a franchisee is to incur in establishing thefranchised business. In other words, there must be no hidden costs.
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