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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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26
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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27
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
26
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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27
Article
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Filter: Litigation
Disclosure of medical records vs the right to privacy

14 June 2021

A client recently fell over boxes standing in the aisle in my store. He is suing me for damages claiming... that the head injuries he sustained from the fall resulted in him being fired from work. I’ve heard from another source that he was dismissed because of a history of alcohol and drug abuse and that he has been in and out of rehabilitation. We’ve requested access to his medical and psychological reports, but his attorney refuses claiming medical privilege. Surely, this cannot be right, particularly if these can prove that there were other factors leading to his dismissal?

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273
Article
The final say on business interruption insurance and Covid-19

16 March 2021

I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance... covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any finality yet on the matter.

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387
Article
Can a settlement agreement override fair tender procedures?

10 February 2021

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder... who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?

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331
Article
Prescription and surety don’t always play well together

06 January 2021

Our company is owed money by one of our contractor companies who we helped with finance and provided us with... personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?

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387
Article
Is government liable for an accident at a private nursery school?

10 November 2020

I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible... for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible? 

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292
Article
Is the Small Claims Court a solution to get my money?

10 September 2018

I’m currently self-employed and do handyman jobs to put bread on the table. I recently did some repair work for... a client for just over R10,000, but the client has still not paid me and refuses to answers my calls. I can’t afford an attorney but have heard that I can go to the Small Claims Court myself. How does the Small Claims Court work?

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226
Article

Featured Insights

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
26
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
27
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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26
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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35
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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28
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

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42
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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45
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

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46
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

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62
Article

New CIPC changes for the filing of annual returns (Author: Elani van Coller from PH INC)

21 February 2024

CIPC has again announced changes to the CIPC system for the filing of annual returns and beneficial ownership information, which... introduces mandatory obligations for companies and close corporations when filing their annual returns

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86
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
26
Article

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