Neighbours Behaving Badly: Illegal Buildings and Demolition Orders “The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures on their land and then present the authorities with a fait accompli created by their...Continue Reading
YOUR TRUST & 2022 BUDGET SPEECH The Minister of Finance, Enoch Godwangana, recently delivered his maiden budget speech, which was balanced and appeared to be well received across the board – the key focus being the stabilisation and recovery of the South African economy post the ravages of lockdown under COVID-19. The impact of the...Continue Reading
At the moment a level of uncertainty surrounds Trusts, this is due to SARS clamping down on the compliance, use, management and administration of Trusts. The continued existence of a Trust as an entity which can be used for wealth preservation, legacy planning, risk management and estate planning purposes is not at risk. That’s a...Continue Reading
“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt can be an exercise in frustration and delay, and the more...Continue Reading
“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual assault or harassment in the workplace and a recent High Court decision confirms the...Continue Reading
“The clean break principle after divorce has found resonance with our courts for many years. The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our courts always prioritise the interests of children in any marital breakup, and...Continue Reading
“There is never a wrong time to buy the right home” (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company...Continue Reading
Cannabis in the workplace: can you dismiss? A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of media attention. Unfortunately, some of the resultant articles and headlines may have given the inaccurate impression...Continue Reading
Grandparents – When Must You Pay Maintenance? “An inability on the part of the parents to maintain a child must be established before a grandparent will be legally liable to do so” (extract from judgment below) One wonders how many grandparents are aware of (let alone plan for) the possibility that they may have a...Continue Reading
What Must You Prove to Remove a Trustee? “…where there is disharmony, the essential test is whether it imperils the Trust estate or its proper administration” (extract from judgment below) Trustees are of course supposed to work together to protect and further the interests of their trust and its beneficiaries, but the fact is...Continue Reading
12 Montrose Park Boulevard
Victoria Country Club Estate
Office Park
170 Peter Brown Drive, Montrose
Pietermaritzburg, 3201
KwaZulu-Natal
E: info@lhtc.co.za
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