The following case highlights how important quality legal advice is and why you should be fully aware of the legal ramifications of the agreements you sign. In a matter which came before the Supreme Court of Appeal (SCA) the court had to decide whether a third party who provides bridging finance to the contractor in […]
Whenever we are offered something for free, especially by large companies, we have to ask ourselves, “what is in it for them?” While browsing Facebook recently on a mobile phone, the writer received an offer from his mobile service provider (“the Service Provider”), to use a new product of theirs – called “Facebook Flex”. […]
A recent Labour Court decision shows how dangerous it is as an employer, when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity. Disciplined for depression An employee, whose track record had originally been an excellent one, was charged at a disciplinary enquiry with four charges of misconduct – […]
To avoid falling victim to these scams, experts recommend the following measures: Know your service provider/attorney/conveyancer and always personally verify any change in payment instruction; Before making a payment, request the contact person that you have been dealing with at the business or firm of attorneys to confirm the amount and their banking details telephonically […]
“What’s in a name? That which we call a rose By any other name would smell as sweet” (Shakespeare) You cannot lawfully use any surname in South Africa other than the one shown in the National Population Register (NPR), and trying to do so will land you in a lot of hassle and probably […]
“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece) As the philosopher and mathematician Thales pointed out two and a half millennia ago, signing surety for another’s debts carries huge risk. Yet every day directors of property holding companies happily sign personal suretyships for their company’s (usually […]
“Alone we can do so little; together we can do so much” (Helen Keller) Firstly, what exactly is a partnership? We talk loosely about our ‘partners’ in various contexts, but it is important to understand how the law views the concept in a strictly business situation. In broad terms a partnership is an association of between […]
“Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?” (Comedian George Carlin) We live in stressful times, and as our roads become busier and the pressures of modern life mount, expect more and more road rage incidents. YouTube clips of […]
Through amendments to the Unemployment Insurance Act, which amendments were passed in January 2017 but have not yet come into effect, the Department of Labour intends using a portion of the surplus held in the Unemployment Insurance Fund (UIF) to expand the scope and reach of benefits available to contributors to the fund that lose […]
“The general rule of our law is that cohabitation does not give rise to special legal consequences, no matter how long the relationship has endured” (From a 2010 High Court judgment and still applicable) One of the more pervasive myths in South Africa is that, if you live together for long enough as “life […]