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June 28, 2019ByIn,

AIRBNB OWNERS AND BUYERS – SHOULD YOU BE WORRIED ABOUT THE NEW REGULATIONS?

Airbnb Owners and Buyers – Should You Be Worried About the New Regulations?  “While travel on our platform accounts for less than 1 in 8 visitors to South Africa, those guests boosted the economy by R8.7 billion and helped create 22,000 jobs last year alone” and “Regulation is a useful and necessary tool of good...
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June 28, 2019ByIn,

EMPLOYERS: WHAT IS YOUR DUTY TO ACCOMMODATE RELIGIOUS BELIEFS?

Employers: what is your duty to accommodate religious beliefs?  “The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer is...
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June 28, 2019ByIn,

YOUR LAST WILL: THE DIRE CONSEQUENCES OF NEGLECTING FORMALITIES

Your Last Will: The Dire Consequences of Neglecting Formalities  “It is not intended for the Court to make a will for the deceased based on what his intentions may have been” (Quoted in the judgment below) As a general rule our law holds us to our agreements and statements, whether we express them verbally, electronically...
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June 28, 2019ByIn,

PROPERTY TRANSFERS AND TRUST ACCOUNT THEFT: A R720,000 WARNING

Property Transfers and Trust Account Theft: A R720,000 Warning  “The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the...
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May 30, 2019ByIn,

YOU SIGNED A PROPERTY SALE AGREEMENT, CAN YOU STILL ACCEPT A BETTER OFFER?

You put your property on the market and an acceptable but not-perfect offer comes in. On the “a bird in the hand is worth two in the bush” principle you want to accept the offer even though it’s not ideal. Perhaps it’s not perfect because it’s subject to a suspensive condition – common ones give...
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May 30, 2019ByIn,

BUSINESS RESCUE: ARE YOUR SURETYSHIPS ENFORCEABLE? A R5.5M LESSON FOR DIRECTORS AND CREDITORS

You are owed a lot of money by a company that goes into business rescue. The business rescue plan provides for creditors like you to accept a dividend of only a few cents in the Rand in settlement of your debt. You stand to lose heavily. But perhaps there’s hope yet – a director with...
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May 30, 2019ByIn,

EQUAL PAY FOR EQUAL WORK – CAN YOU DIFFERENTIATE WITHOUT UNFAIRLY DISCRIMINATING?

Our employment laws and labour courts come down heavily on any unfair discrimination in the workplace, but it’s not always easy to decide whether “differentiation” between employees is or is not “unfair discrimination”. Take for instance a recent Labour Court case where a black female employee complained to the CCMA (Commission for Conciliation, Mediation and...
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May 29, 2019ByIn,

DIRECTORS AT WAR AND THE LIQUIDATION OPTION – A TALE OF SIBLING RIVALRY

A company’s directors have both the power and the duty to manage the company’s affairs for its benefit. When two or more directors are in place, it’s perhaps natural for the occasional disagreement to arise between them. Indeed, regular expression of a variety of different viewpoints and ideas can make for a strong, dynamic board...
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May 27, 2019ByIn,

IMPORTANT FACTS REGARDING TRUSTS

A Trust will not come into existence if the sole Trustee of the Trust is also the sole Beneficiary of the Trust at the time when the Trust is established. In Groeschke v Trustee, Groeschke Family Trust (2013(3) SA 254 (GSJ), the court pointed out, however, that if a Trust is validly registered, and at...
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May 13, 2019ByIn,

THE “HONOUR” OF BEING AN EXECUTOR IN A DECEASED’S ESTATE

The “honour” of being an executor in a deceased’s estate You may feel privileged to be asked to be an executor in an estate and assist in the winding up of one’s affairs as they trusted you implicitly to ensure that their final wishes are carried out. But what does it entail? In many cases,...
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