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Legal Briefs
Lighthuse LegalBrief June 2022
Landlords: Zoning Law Contravention Could Invalidate Your Lease “…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy property to live in, as a...
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Lighthouse Trustees LegalBrief June 2022
The “Great Resignation” is Upon Us – Know the Law! “Signs of the “Great Resignation” are rippling across South Africa” (Business Insider report, 22 April 2022) The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our law views the whole question of employee resignation....
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Lighthouse Trust & Corporate
Beware The Badly Worded Bond Clause! “The terms of the contract are the decisive criterion by which any potential expiry of a deadline has to be determined” (extract from the judgment below) A recent High Court decision provides yet another reminder to have your property sale agreement drawn (or at least checked) by a professional....
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Lighthouse Trust & Corporate
Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy! “A Legacy Letter is a way for you to share your values, life lessons, cherished memories, hopes for your family’s future, and anything else that is really important to you.” Estate planning is key to ensuring that your loved ones are properly catered...
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Lighthouse Trust & Corporate
Workplace Harassment: The New Code in a Nutshell “The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace” (extract from the Code, emphasis added) With effect from 18 March 2022, a new “Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace”...
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Property Law
Property Owners: Your Rates Could Quadruple for Unauthorised Land Use “The said penalty … was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below) Municipalities all have the right (and the duty) to regulate land use in their areas, and amongst other sanctions, properties...
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Lighthouse Trust & Corporate
What Can You Do When Someone Close to You Has No Control Over Their Spending? “A prodigal is a person who, through some defect of character or will, squanders his or her assets with such abandon that he or she threatens to reduce himself or herself and/or her dependents to destitution” (extract from judgment below)...
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Lighthouse Trust & Corporate
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)? “Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to...
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Lighthouse Trust & Corporate
Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting! “Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept....
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Lighthouse Trust and Corporate
Property Owner and Body Corporate-Liable After Child’s Electrocution? A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by...
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