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It is our pleasure to introduce Kugen Pillay as the newest member of our professional team at Goldberg & de Villiers Inc.

Kugen recently joined us as a Director in the Dispute Resolution & Litigation Department and specialises in Dispute Resolution and General Litigation, Recoveries, Contract Litigation, Corporate and Commercial Litigation, Property Law Litigation, Insurance Litigation, Road Accident Fund Claims, Personal Injury Litigation, Medical and Professional Negligence Litigation, State Liability Litigation, Family Law Litigation, Municipal and Administrative law.

DIRECTORS AND THE "DELINQUENCY" DANGER

"Directors have clear responsibilities to the public in the form of investors, creditors, shareholders, employees to perform in a fashion wherein not only does the company behave in an accountable manner to these stakeholders but that it adheres to a level of transparency which ensures that the principle of accountability is vindicated" (extract from judgment below)

Some tips for commercial property landlords before signing a lease

So you have decided to rent out your commercial property, here are a few tips that will hopefully make the experience easier on you the landlord, as well as the tenants you rent to.

SELLING YOUR FARM? PROPOSED NEW REGULATION OF FARM SALES

Regulation of Agricultural Land Holdings Bill, 2017, was recently published for comment. This Bill once enacted would apply in respect of all agricultural land, and to all transactions whereby agricultural land is acquired or disposed of. Any provision in any agreement entered into after the commencement of the Bill to acquire or dispose of agricultural land will be void in so far as it purports to exclude, or to limit, any provision of the Bill once enacted. Any acquisition of land in any manner which is inconsistent with or contrary to the provisions of the Bill would be unlawful and a court may make an order for the forfeiture of such land to the State.

5 Important Tips When Deciding to Litigate

There is an African proverb which says that knowledge without wisdom is like pouring water over the sand. When litigating, one might have all of the facts, evidence and legal research you could hope for, neatly bundled together. However, without the wisdom to foresee certain challenges along the way, and if certain information is withheld from the attorney, the entire matter will most likely be left high and dry.

FIRST COURT ORDER DECLARING DIRECTOR DELINQUENT

The Companies and Intellectual Property Commission ("CIPC") has for the first time succeeded in having a court declare a director delinquent under the Companies Act.

The distinction between negligence and gross negligence.

It is vital that companies understand the difference between negligence and gross negligence as this could be the difference at an enquiry of being in a position to find an employee guilty of the charge.

ARE YOU BUYING A PROPERTY?

If you are purchasing a property, and especially for the first time, you may not be aware that generally none of the players in the property market are specifically appointed to look after the interests of the purchaser, unless of course the seller agrees that the purchaser may appoint their own attorney. Generally, the transfer attorney acts for the seller, although he/she does have a duty of care in respect of the purchaser, the agent generally acts for the seller, the bond attorney is appointed by the bank and has the banks interests as their foremost priority.

Landlord and Lessee rights when a tenanted property is sold

As a tenant occupying a property that is about to be sold, are you obliged to move out once the property is sold, or are there rights that protect you?

5 QUESTIONS TO AVOID ASKING IN INTERVIEWS

The rule of thumb is that if the question is job related, it should be appropriate to be asked and answered.

Beware the Breach - Breach of Contract.

The parties to a contract are bound to respect their agreement and to perform all the obligations that it imposes on them. The legal term used to describe this is the Latin phrase pacta sunt servanda. If either party, by an act or omission and without lawful excuse, fails in any way to honour his or her contractual obligations, he or she commits a breach of contract. A breach may take various forms, such as where someone fails to make timeous performance, or where they perform in an incomplete manner.

DIRECTORS' ROLES AND RESPONSIBILITIES UNPACKED

The duties of directors of companies are found in the common law and in the Companies Act.

Small Claims Court - Know Your Rights

In South Africa we have Small Claims Courts (SCC)) which offer a quicker and easier way of resolving disputes. If your claim is below R15 000, you may approach the SCC to resolve your dispute. You do not even require the assistance of an attorney to represent you at the SCC.

TRUMPED! A home owner can be evicted as an unlawful occupier

Did you know that even as the owner of a house, you could still be evicted from it as an "unlawful occupier"?

First aid boxes in the workplace

One of the common-law duties of an employer is a safe working environment. Regulation 3 (1) ; (2) and (3) of the General Safety Regulations to the Occupational Health and Safety Act (Act 85 of 1993) prescribes requirements concerning first aid boxes.

LOST VIEWS AND RISING DAMP - LESSONS FOR HOME BUYERS

"Learn from the mistakes of others. You can't live long enough to make them all yourself. "(Eleanor Roosevelt)

Garnishee Orders: A 7 Point Practical Guide to New Rules for Lenders, Debtors and Employers

"... the law regulating the granting of emoluments attachment orders was misapplied and abused by the credit providers. This caused enormous hardship to individuals against whom those orders were issued" (extract from judgment below)

SELLING PROPERTY? CHECK FOR VAT BEFORE YOU SIGN

"There's many a slip "twixt the cup and the lip" (very old and very wise proverb)

COPYRIGHT IN CYBERSPACE: NEW GUIDELINES FOR ONLINE PUBLISHERS

"Is a stolen copyright a copy-wrong?" (Anonymous)

5 Things to look out for in your insurance contract.

You are involved in a motor vehicle accident and you claim from your insurers. You have been a loyal member for years and the accident was not your fault. Your insurers value you, are eager to compensate you for your loss and help you in this time of need. Sadly, this is not always the experience of those of us who have had the misfortune of putting in a claim to our insurance providers.

Companies - How Private are Shareholders' Details?

"Privacy, like other rights, is not absolute. As a person moves into communal relations and activities such as business and social interaction, the scope of personal space shrinks".

Medical Certificates

In terms of Rule 15(1) of the Ethical and Professional Rules of the Medical and Dental Professions Board of the Health Professions Council of South Africa, a practitioner shall only grant a certificate of illness if such certificate contains the correct information.

Meter Wars - A Consumer Strikes Back

You can't fight city hall" (old idiom decrying the futility of trying to fight a bureaucracy) You challenge the accuracy of a services account from your local municipality, thus: "Your meter must be wrong, no way was my consumption that high".

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