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Legal Briefs
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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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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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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Ridesharing services like Uber are convenient and popular, but you will have read of the “fake Uber” attacks and other safety concerns so on the principle of “safety first” always take a few common-sense precautions when using them. Before you get into your next Uber have a good read of their “Driving safety forward” page...
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If you pay a deposit to the conveyancer when buying property, make sure that you earn interest on it. It may not amount to much (unless there are long delays in transfer and/or we are talking big numbers here) but it is as they say a lot better than nothing. When you buy property, the...
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A valid Fidelity Fund Certificate (FFC) is a necessity for any estate agency. Without it, no agent can claim commission, and now a new High Court decision suggests that the agency’s contracts generally could be at risk of invalidity. “In short, it [a Fidelity Fund Certificate] is a licence to practice without which you cannot...
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Expats have until now enjoyed a tax exemption in respect of foreign remuneration earned, provided they meet requirements as to time periods worked overseas. The exemption will however be partially removed with new legislation recently passed. “An income tax form is like a laundry list – either way you lose your shirt” (Comedian Fred Allen)...
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“There’s no such thing as a free lunch” (Economist Milton Friedman) In these days of online banking and electronic payment, it’s not uncommon to find out to your horror that you have made a payment to someone in error, either to the wrong recipient or in an incorrect amount. If that happens to you and...
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There are many advantages to buying in a security estate or other community scheme, including quality of life and increased potential for growth in your property’s value. “When the [property owners] chose to purchase property within the estate and become members of the Association, they agreed to be bound by its rules” (extract from judgment...
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We all know that causing someone else loss either negligently or intentionally lays us open to being sued for damages. What is less well known – and in this case ignorance is extremely dangerous – is that animal owners can be held liable for loss or damage caused by their animals on a “no fault”...
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