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Legal Briefs
Lighthouse Trust & Corporate
Fired for Off-Duty CBD Oil Use and Cannabis Smoking “… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection to employees against...
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Lighthouse Trust & Corporate
The Trouble with Family Loans: A R540,000 Lesson “How sharper than a serpent’s tooth it is to have a thankless child!” (Shakespeare) “Family helps family in times of need” – that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court...
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Lighthouse Trust & Corporate
Directors – When Are They Personally Liable? “… for the benefit of immunity from liability for its debts, those running the corporation may not use its formal identity to incur obligations recklessly, grossly negligently or fraudulently. If they do, they risk being made personally liable.” (Quoted in the judgment below) Particularly in hard times, it...
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Lighthouse Trust & Corporate
12 Questions to Ask Before You Sign That Deed of Sale “Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when...
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Lighthouse Trust and Corporate
Verbal Agreements – Not Much Good, But Lots of Bad and Ugly “The Good, The Bad, and The Ugly” (Spaghetti Western, 1966) A common myth – one that can get you into a whole lot of trouble if you aren’t alive to it – is that verbal contracts are not legally enforceable in South Africa....
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Lighthouse Trust and Corporate
Bodies Corporate: Forcing Access to Units, and Round Robin Resolutions Owning your own property comes with a raft of benefits, including a general right to privacy and control over who can access your property and who can’t. But of course there are exceptions. And apart from the obvious ones, a recent High Court judgment highlights...
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Lighthouse Trust and Corporate
Trusts on Divorce: Are You Stuck with an Ex-Spouse as a Trustee? “Love is grand. Divorce is a hundred grand.” (Anon) Trusts may be formed for a variety of reasons, and the purpose and structure of each trust will inform the choice of trustees. When it comes to families aiming to preserve and protect family...
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Lighthouse Trust & Corporate
Buying and Selling Property: Who Pays What Costs? “Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less...
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Lighthouse Trust and Corporate LegalBrief
Tax Freedom Day 2022: The Day We Stopped Working for Government “Taxpayer: One who doesn’t have to pass a civil service exam to work for the government” (Anonymous) “Tax Freedom Day” is the first day of the year on which we South Africans (we’re talking about the “average” taxpayer here) have finally earned enough to...
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Lighthouse Trust and Corporate June 2022
New Ruling on Divorce Assets: How Does it Affect You? “…the inequality at hand is caused when, after the conclusion of the marriage, a distortion is caused by the fact that one spouse contributes directly or indirectly to the other’s maintenance or the increase of the other’s estate without any quid pro quo.” (Extract from...
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