Law DotNews

Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates

“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist) Dollar billionaire Andrew Carnegie said it a century ago, and it

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The Pandemic and Business Interruption Cover – Can You Claim?

“…it must be asked whether, but for the Covid-19 outbreak, the interruption or interference to the Applicants business would have occurred when the Lockdown Regulations were promulgated” (extract from the judgment below) It’s no surprise that our media has been awash with reports on the recent High Court judgment around a restaurant’s business interruption cover

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Lockdown “Admission of Guilt” Fines – The Criminal Record Risk

Breaking any of our lockdown laws can be an expensive business, risking heavy penalties.  If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and put the whole thing behind

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Property Subsidence: New Law, Strict Liability and Ubuntu

“…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or not.” (Extract from judgment below) It’s every homeowner’s nightmare

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Websites of the Month: Why and How to Encourage Whistleblowing in Your Workplace

Our law (in the form of the Protected Disclosures Act) encourages employees to disclose unlawful or irregular conduct in their workplaces without fear of reprisal.  Why encourage it? “3 Reasons Why Whistleblowing is Important for Public and Private Companies” on the Compliance Line website here suggests that employers should actively encourage their employees to “whistleblow” because –

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Electronic Signatures in Property and Other Transactions

“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe for uncertainty and dispute. It’s not just a

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Directors and Business Rescue in the Time of COVID-19

“A stitch in time saves nine” (wise old proverb) The COVID-19 pandemic and the resultant lockdown have opened up new avenues of profit for some businesses, but they have also subjected many others to the spectre of business failure.  Unfortunately we can expect the level of bankruptcies to surge for some time to come, and

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Our Brave New World: Using Zoom for Retrenchment Consultations

“O brave new world” (Shakespeare) The COVID-19 pandemic will doubtless lead to many new developments on the legal front. For example, with widespread employee retrenchment now an unfortunate reality in our struggling economy, all employers, employees and trade unions should know of an important new Labour Court decision validating the use of remote conferencing for

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POPIA’s Deadline is 30 June 2021 – Ignore the “Fake Headlines” But Start Planning!

At long last the main provisions of POPIA (the Protection of Personal Information Act) have been gazetted, and they will commence on 1 July 2020. That means that the one year transitional period will expire on 30 June 2021.  Don’t panic just yet, and ignore the many “fake headlines” in the media implying that you are

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Website of the Month: The Mental Battle of Running a Small Business in Lockdown Level 3

“This Too Shall Pass. It might pass like a kidney stone, but it will pass” (Unknown) Entrepreneurs and the small businesses they run are bearing much of the brunt of our deepening economic woes. Some SMEs have prospered, others have sunk – most of us have just battled on, preparing for and dreaming of happier

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