March 4, 2020

The lessees’ right of pre-emption

The Constitution of the Republic of South Africa (“the Constitution”) does not explicitly provide for a right of appeal from a Small Claims Court judgment. However, […]
March 4, 2020

New laws for parental leave

In a welcoming and long-awaited move, President Cyril Ramaphosa signed the Amendment of the Labour Law Act into law on 28 November 2018, giving parents, particularly […]
March 4, 2020

Ignoring the ‘Warning: Private Property’ Signs

For many whose homes are where their hearts are, the Draft Expropriation Bill, 2019, which seeks to legalise land expropriation without compensation, is proving to be of […]
March 4, 2020

What is a reasonable expectation of renewal?

An employee has been employed on a fixed-term employment contract for a number of years. Each consecutive year, the fixed contract is renewed at the election […]
February 10, 2020

Should South Africa allow a right of appeal from Small Claim Court?

The Constitution of the Republic of South Africa (“the Constitution”) does not explicitly provide for a right of appeal from a Small Claims Court judgment. However, […]
February 10, 2020

Free speech only goes so far

It is correct that one has the right to freedom of expression, but it is important to remember that this right is limited. When one oversteps […]
February 10, 2020

“But it wasn’t me” doesn’t cover it

As a point of departure, the doctrine of vicarious liability means that the employer is held liable for the wrongful acts or omission of its employees. […]
February 10, 2020

Stay ahead of the game with these documents

If you can believe it, we are already at the end of January. With all the beginning-of-year struggles and excitement, there is something to keep in […]
January 28, 2020

Is an e-will valid in South Africa?

In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to which […]
January 28, 2020

Provocation as a defence

A client poses a question to their attorney: My ex-boyfriend (Y) saw me and my new love interest (X) at a restaurant. Y aggressively confronted me […]
January 28, 2020

Have you finally had enough?

Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent […]
January 28, 2020

Has your braai been approved?

Every HOA has applicable building guidelines which are stipulated in a Constitution or Memorandum of Incorporation (“MOI”) which every homeowner should be made aware of, read […]
October 22, 2019

What is a Living Will?

A Living Will is a document regarding healthcare at the end of your life. It states that any treatment that would otherwise lengthen your life should […]
October 22, 2019

Shared titles, shared responsibility?

The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and […]
October 22, 2019

Audit and review requirements

The Companies Act No 71 of 2008 (“the Act”) has made provision for significant changes for companies with regards to the requirement to be audited or […]
October 22, 2019

Equal treatment for shareholders

Section 163 focuses specifically on the interest of minority shareholders. The protection of minority shareholders’ rights must be understood within the context of the provisions set […]
October 7, 2019

Freedom of Speech has its restrictions

Due to our controversial past, South Africa has been faced with a difficult task of eradicating all forms of racial animosity and behaviour. This is a […]
October 7, 2019

Can you deregister or terminate a Trust?

There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a […]
October 7, 2019

Keep calm and sell your property

Selling your property can often cause your hands to get itchy, or ants to start roaming where they have no business being. But more often than […]
October 7, 2019

Shareholders’ agreements in a nutshell

A shareholders’ agreement sets out how a private company should be operated and regulates the various shareholders’ rights and obligations. It is therefore important that a […]