“A verbal contract isnt worth the paper its written on” (Samuel Goldwyn) Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording your agreements in writing is a bad idea – oral agreements are a recipe for doubt and dispute, and proving the exact terms agreed on […]
“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below) An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that
What is Poor Work Performance? A Case of Missed Sales Targets Read More »
“…the Act is consumer-protection legislation designed to offer protection against incompetent builders and the construction of homes having structural defects” (extract from judgment below) In order to promote housing consumer rights, home builders (including residential property developers and builder/contractors – an “owner builder” may apply for exemption) must, in terms of the Housing Consumers Protection
Home Builders – Your Contractor Must Register with the NHBRC Read More »
A journey of a thousand miles begins with a single step (Laozi) Many of us dream of starting up our own thriving businesses. But it’s an ambition that few actually attempt, let alone achieve, and no wonder – it’s scary going out on your own, and there are many challenges awaiting you on the long
Your Website of the Month: Video Guides to Starting Your Own Business Read More »
“Forewarned is Forearmed!” (Wise old saying) Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt,
“A bank is a place that will lend you money if you can prove that you dont need it” (Bob Hope) A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another, without your
Can Your Bank Take Your Money Without Permission? Read More »
“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 »
