“Surprise the enemy” (Sun Tzu in ‘Art of War’) You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that […]
“It is only once the court concludes that there is no defence to the claim for eviction and that it would be just and equitable to grant an eviction order that it is obliged to grant that order” (Extract from judgment below) “Buy land” said Mark Twain, “they’re not making it anymore.” With the first
Unlawful Occupiers: Eviction Is Possible, but Neither Quick nor Easy Read More »
What happens if you want to access a South African bequest overseas? BizNews gives you a step-by-step breakdown of how to go about it, depending on whether you are – Non-resident, Financially emigrated, or A South African resident temporarily abroad. Read also the section on taxation. Bear in mind that of necessity an article like this
Your Website of the Month: Left Money in a South African Will But Living Overseas? Read More »
“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractual
Property Transfers and Trust Account Theft: A R720,000 Warning Read More »
“It is not intended for the Court to make a will for the deceased based on what his intentions may have been” (Quoted in the judgment below) As a general rule our law holds us to our agreements and statements, whether we express them verbally, electronically or in written form. But there are exceptions –
Your Last Will: The Dire Consequences of Neglecting Formalities Read More »
“The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer is one of modification or adjustment to a job or
Employers: What is Your Duty to Accommodate Religious Beliefs? Read More »
“While travel on our platform accounts for less than 1 in 8 visitors to South Africa, those guests boosted the economy by R8.7 billion and helped create 22,000 jobs last year alone” and “Regulation is a useful and necessary tool of good policy, but policy comes first. Sadly, the current wording of the draft Bill is
Airbnb Owners and Buyers – Should You Be Worried About the New Regulations? Read More »
“The email of the species is deadlier than the mail” (Stephen Fry) Do your business emails enhance your brand or tarnish it? It’s a critical question, particularly for businesses with high email volumes (that’s most of us these days) and it’s entirely up to you what the answer is. On the one hand it’s all
Your Website of the Month: Business Email Dos and Don’ts Read More »
You put your property on the market and an acceptable but not-perfect offer comes in. On the “a bird in the hand is worth two in the bush” principle you want to accept the offer even though it’s not ideal. Perhaps it’s not perfect because it’s subject to a suspensive condition – common ones give
You Signed a Property Sale Agreement, Can You Still Accept a Better Offer? Read More »
“Family quarrels are bitter things. They dont go according to any rules” (F. Scott Fitzgerald) 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
Directors at War and the Liquidation Option – A Tale of Sibling Rivalry Read More »
