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Debt review: Is it an act of insolvency?
By LawDotNews on 2012/02/02
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The sequestration option
When dealing with a recalcitrant debtor who is clearly just playing for time, sequestrating his or her estate might be your best course of action (take advice in doubt).
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“Pay now, argue later” – SARS 1, taxpayers 0
By LawDotNews on 2012/02/02
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“The only difference between a tax man and a taxidermist is that the taxidermist leaves the skin” (Mark Twain)
SARS has wide powers to collect taxes from you, even when you are in dispute with it over the correctness of an assessment
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Who’s liable for your leaking roof?
By LawDotNews on 2012/02/02
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You buy your dream house, you settle in, all’s well. Until it rains, and the roof starts leaking. Who’s liable?
The law, and the limits to voetstoots
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Charities: Lotteries board not shelling out? Consider legal action
By LawDotNews on 2011/12/06
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If you represent a “socially worthy project” struggling to obtain a grant from the Lotteries Board, take heart from a recent Supreme Court of Appeal decision, which confirmed a High Court order in favour of two registered charities whose applications for funding had been declined by the Board.
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Arrested for shoplifting – The risk, and the remedy
By LawDotNews on 2011/12/06
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Shoplifting is a major problem for stores (and in the end shrinkage losses are passed on to us as consumers!), so one cannot blame them for adopting a zero tolerance policy towards it.
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Business buyers and banks: Beware a statutory trap!
By LawDotNews on 2011/12/06
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With rampant business failures a feature of our economy these days, do not buy (nor finance the purchase of) a business, its goodwill or assets – not, that is, without first seeking advice on whether or not the sale must first be advertised in terms of the Insolvency Act.
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Varying a trust deed? be careful!
By LawDotNews on 2011/12/06
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Here’s a warning from a recent Supreme Court of Appeal case – don’t amend the provisions of a trust deed without first checking whether or not you need to get consent from the beneficiaries.
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“View” servitudes – do they last forever?
By LawDotNews on 2011/11/16
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Another warning not to deal with any property without having the title deeds professionally checked first comes from a recent High Court matter concerning an attempt by a landowner to prevent his neighbour from building a second story onto his house. His case was that his neighbour’s property contained in its title deeds a servitude restricting buildings thereon to a single story – presumably an attempt to preserve a sea view from obstruction.
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Alcohol abuse in the workplace – it’s not always misconduct!
By LawDotNews on 2011/11/16
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You may think that alcohol abuse in the work place will inevitably constitute misconduct, but this is not so. Per a recent Labour Court decision, an offending employee will fall into one of two distinct categories:
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When can creditors attack trust assets?
By LawDotNews on 2011/11/16
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Trusts can be valuable estate planning tools, and are often legitimately used to protect assets from the risks of business failure. They must however be structured and administered correctly and lawfully otherwise, as illustrated in a recent High Court case, they are open to attack by creditors.
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Riot! can you sue trade unions?
By LawDotNews on 2011/11/16
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Suing rioters themselves for the damage they cause is likely to be an exercise in futility. But, per the “Regulation of Gatherings Act”, you may also have a claim against any trade union involved. Where a “gathering” degenerates into a riot, then “every organisation on behalf of or under the auspices of which that gathering was held, or, if not so held, the convener” is jointly and severally liable for the riot damage.
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Drug rehab – can you force it?
By LawDotNews on 2011/09/09
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What can you do for a drug addict who, although in urgent need of treatment, refuses to enter rehabilitation?
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Zoning contraventions: Can long usage make them lawful?
By LawDotNews on 2011/09/09
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If a property has been openly used for decades in contravention of its zoning restrictions, you might think that the local authority has lost its right to enforce the land use restrictions. Not so. The High Court has made it clear that a statutory body (such as a municipality) does not have the power to waive its duty to enforce zoning laws.
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Paia manuals - Final deadline looms!
By LawDotNews on 2011/09/09
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It’s six years now since we were all bombarded with warnings to comply with the Promotion of Access to Information Act (PAIA), which requires all public and private bodies to prepare, lodge and publish (including on any website you have) a PAIA information manual.
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The hiv positive employee and the penalty for discrimination and dismissal
By LawDotNews on 2011/09/09
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In a case recently before the Labour Court, an HIV positive man was employed, on a temporary basis, as a ‘Stable Yard Manager’ and horse riding instructor. During his pre-employment interviews he hadn’t disclosed his HIV status, allergies and other illnesses, and was summarily dismissed – and forcibly removed from his workplace - when his HIV status and other medical conditions came to the employer’s attention.
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“Splitting heirs” – wills and the dangers of dispute
By LawDotNews on 2011/09/09
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"I don't want to achieve immortality through my work. I want to achieve immortality through not dying. I don't want to live on in the hearts of my countrymen. I want to live on in my apartment." (Woody Allen)
Immortality being (currently) beyond our reach, and death sometimes sudden, everyone – young and old - should have a will.
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New trans-fat regulations: read the label!
By LawDotNews on 2011/08/08
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It will be unlawful from 17 August to sell, manufacture or import any oils or fats with more than 2% “industrially produced trans-fatty acids”. Note that naturally occurring trans-fats (such as the small amounts found in the milk and meat of some animals) are not affected – it’s the artificially manufactured fats that are being targeted as serious health risks.
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Don’t miss your tax deadline: and avoid the queues!
By LawDotNews on 2011/08/08
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Don’t miss the deadline for submission of your Income Tax return – SARS warns that you will face administrative penalties of “at least’ R250 per month that your return is outstanding.
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The restraint of trade that sank the sushi bar
By LawDotNews on 2011/08/08
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When you buy a business, think about whether the goodwill you are paying for will be damaged if the seller starts up a new business in competition with you. If so, a “restraint of trade” clause is essential, but beware – it must be properly drawn to be valid. Our courts will not enforce any restraint that is unreasonably wide in nature, geographical area, or duration.
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Dismissal for dishonesty – When is it fair?
By LawDotNews on 2011/08/08
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When is dismissal an appropriate sanction for an act of dishonesty by an employee?
In a case recently before the Labour Court, a senior municipal manager in a position of trust was found, during a general investigation by the Scorpions into licencing fraud, to have acted dishonestly by using a fake Namibian driver’s licence to obtain a South African licence.
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Blacklisting and the defamation danger
By LawDotNews on 2011/07/01
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“Creditors have better memories than debtors” (Benjamin Franklin)
Credit providers: You can in appropriate circumstances “blacklist” a credit consumer with a registered credit bureau, and this will not only alert other providers to a potential credit risk, it can also be a powerful incentive to a recalcitrant debtor to settle up.
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Overtime, work hours: threshold up on 1 july
By LawDotNews on 2011/07/01
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The Basic Conditions of Employment Act limits the hours that an employee may be required/allowed to work, but employees whose earnings exceed a specified threshold are excluded from these protections.
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Directors: delinquency declarations (and other dangers)
By LawDotNews on 2011/07/01
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Directors – beware the additional risks and obligations imposed on you by the new Companies Act.
In addition to an increased risk of incurring personal liability to creditors and other stakeholders, directors now also face the danger of being declared “delinquent” or being placed under “probation” – in some cases even if they are merely negligent rather than deliberate in their non-compliance.
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Exporting intellectual property rights from South Africa
By Derick Swart on 2011/06/29
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Previously it was held that a patent was a capital asset and accordingly that failure to obtain the prior approval of the treasury for the sale of a patent to a foreigner was void from the start. In the recent case of Oilwell v Protect 2011 ZASCA 29 the South African court of appeal had occasion to reconsider the judgement.
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Secure copyright in writing
By Derick Swart on 2011/06/29
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People are often caught off guard by the default rules pertaining to ownership of Copyright in a work. While a detailed analysis of these rules falls outside the ambit of this post, you should note that in many cases the person responsible for creating the work would also be the person that owns the work. Specifically this will often be the case where branding, websites and software are created.
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Moving into the cloud, or thin air?
By Derick Swart on 2011/06/29
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There is a tide of posts on the Internet of people celebrating their move “to the cloud” and being done with local storage. This post discusses some of the legal issues to be considered.
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Draft taxation laws amendment bill, 2011
By Marieke Wild on 2011/06/15
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National Treasury has published the draft Taxation Laws Amendment Bill for 2011 last week and has invited taxpayers to provide their comments on or before 5 July 2011.
Although the draft legislation may still change after comments have been received from the public, the document gives a good indication of what the final Bill will look like.
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Forfeiture clauses - Penalties and prejudice
By LawDotNews on 2011/06/15
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Property sale agreements commonly provide for the buyer to pay a deposit up front, often coupled with a forfeiture provision to the effect that, should the sale be cancelled through the buyer’s default, the seller can retain the deposit in full as “pre-estimated damages” – in other words, without having to prove the actual damages suffered.
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Double trouble: A new debt cap confirmed
By LawDotNews on 2011/06/15
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Our common law has always provided that interest stops running on a debt as soon as it equals the capital amount. This “in duplum” rule seeks to protect debtors in financial difficulty from being over-extended, by limiting their liability to a maximum of double the original debt.
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Levy arrears: Is lock-out lawful?
By LawDotNews on 2011/06/15
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In pursuance of its duty to collect levies from members, a body corporate should take immediate steps to recover any arrears.
But you cannot take the law into your own hands - you will be penalised if you do!
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Hookers behaving badly - Sports injuries and the law
By LawDotNews on 2011/06/15
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You have no claim in our law for any loss or injury sustained whilst voluntarily engaged in an activity which you know may cause you the harm suffered. This common sense principle – volenti non fit iniuria (“a willing person is not wronged”) came into play in a recent case before the High Court, where a schoolboy rugby player had suffered serious neck injuries whilst participating in a scrum as his team’s hooker.
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Business rescue: First aid for failing companies
By LawDotNews on 2011/06/15
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Companies (and close corporations) in financial distress may now, courtesy of the new Companies Act, opt in appropriate circumstances for “Business Rescue” rather than liquidation.
Directors: Any director of a company in financial difficulty should take proper advice on what to do sooner rather than later. Failure to act correctly, and in time, could expose you to personal liability for the company’s debts – and even perhaps to the spectre of criminal prosecution.
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Don’t bank on a river view!
By LawDotNews on 2011/06/15
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The entitlement of property owners to a view “has become a luxury” and is “a matter of delight and not necessity” said the High Court recently.
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Shareholders’ agreements in terms of the new Companies Act
By Dr Richard Stevens on 2011/05/06
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The new Companies Act 71 of 2008 will become effective on 1 May 2011. The aim of this article is to provide some insights in respect of shareholders’ agreements and the effect of the new Companies Act on them.
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Home sold in execution: Can the ex-owner claim?
By LawDotNews on 2011/05/06
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Lenders are doubtless going to be more cautious about granting residential bonds, especially at the lower end of the market, following the recent Constitutional Court ruling to the effect that only a judicial officer can declare a person’s home executable.
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The new companies act – Do you need an audit?
By LawDotNews on 2011/05/06
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The extent to which the annual financial statements of private companies will have to be professionally reviewed or audited will depend on the company’s “Public Interest Score” (a measure of “economic or social significance”), which will be determined broadly as follows:
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The “blind signed” suretyship that cost a farmer R8 million
By LawDotNews on 2011/05/06
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Yet another warning to read what you sign – and understand it – comes from a recent Supreme Court of Appeal case in which a farmer was held liable – as a surety - for a debt of R8m owed by a farming trust to a creditor.
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Warning: last-minute surprises in the CPA!
By LawDotNews on 2011/05/06
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Consumers and suppliers must deal with several last minute surprises sprung on us when the Consumer Protection Act (“CPA”) came into effect on 1 April, including:
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Corrupt cops: courts crack down
By LawDotNews on 2011/04/06
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The High Court recently confirmed sentences of 15 years’ imprisonment imposed on each of two police officers convicted of corruption involving a R2.000 bribe.
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Developers and objectors – proceed with caution!
By LawDotNews on 2011/04/06
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New property developments must, if they are to obtain approval, comply with the ever-growing environmental protections built into our law, and conflict between developers and environmental activists is bound to become more and more common.
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What’s in a (trading) name? prepare now for the new rules
By LawDotNews on 2011/04/06
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Individuals and corporates have always traded freely under a variety of trading names (e.g. XYZ (Pty) Ltd trading as “Pablo’s Plumbers”), but now for the first time – courtesy of the Consumer Protection Act – you will be forced to register all such trading names as “business names”.
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Liquidation applications: spurious defences disallowed!
By LawDotNews on 2011/04/06
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Applying for the liquidation of a corporate debtor can be a powerful debt-collecting and/or damage-limitation tool – there is nothing like the threat of liquidation to concentrate a director’s attention on the need to settle your claim! But a liquidation application is not appropriate (and indeed risks a punitive costs order against you for an “abuse of process”) where the amount claimed has been disputed by the debtor.
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Blunt pencils, servitudes and verbal contracts
By LawDotNews on 2011/02/04
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“The bluntest pencil is better than the sharpest memory” (old adage)
Whilst most verbal agreements are binding in South African law, first prize is always to record them in writing. Otherwise you risk doubt, dispute and delay down the line.
Moreover certain types of contract, including those relating to sale or donation of land or any “interest in land”, must be in writing (and signed by all parties) to be valid at all.
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The dangers of a domicilium address: and, when is domicilium service not valid?
By LawDotNews on 2011/02/04
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Contracts often provide for parties to each choose a domicilium citandi et executandi – a technical term for an address at which you elect to receive all legal notices and documents. Service at this address is considered valid whether or not you actually receive the notice/document, and regardless of whether or not you have since moved or changed address.
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Consumers, suppliers - remember these 3 new rights, coming soon!
By LawDotNews on 2011/02/04
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Note: what follows is of necessity a summary of selected general principles only – there are limitations and exclusions, and you should seek specific advice in the event of any dispute.
When the CPA (Consumer Protection Act) comes into force (scheduled now for 31 March 2011), consumers will acquire a host of new rights relating to the supply of both services and goods.
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The great “common law marriage” fiction: don’t be left destitute!
By LawDotNews on 2011/02/04
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Despite popular perception to the contrary, our law does not recognise the concept of a “common law marriage”; no matter how long a couple has lived together, and regardless of whether or not the relationship has produced children.
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Sellers: beware surprise commission claims!
By LawDotNews on 2011/01/07
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What should you do, as seller of a property, if the buyer assures you that he/she was not introduced to the property by any estate agent, and that you are accordingly not liable for any commission?
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Unfairly dismissed? don’t lose your compensation claim!
By LawDotNews on 2011/01/07
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If you are unfairly dismissed, don’t assume that you are automatically entitled to compensation. Whilst our law offers you strong protection from unfair labour practices, there are still instances in which your actions could prejudice your claim for redress.
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“Family loans” - when can’t you recover them?
By LawDotNews on 2011/01/07
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“Neither a borrower nor a lender be” (Shakespeare)
Strange as it may seem, the provisions of the NCA (National Credit Act) may well apply to some “family loans”, even those between parent and child.
That’s important, because loans can be difficult to recover (even unenforceable) if you don’t abide by the NCA’s multitude of requirements and credit worthiness checks. In addition, the NCA requires that certain formalities be complied with before any legal action to enforce repayment is taken. You must for example deliver a notice to the borrower drawing attention to the default, and proposing that he/she refers the credit agreement for arbitration, counselling etc.
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Unlawful arrest: more protection for the public
By LawDotNews on 2011/01/07
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Anyone who is arrested unlawfully should immediately seek advice on claiming damages.
Until now, such claims – and the attendant legal costs - have been paid by Government. As the High Court has pointed out in a recent judgment, the result is that effectively we the public have been footing the bill for the unconstitutional actions of officials “who think that they can do as they please, simply because they have the force of the whole law enforcing system behind them”.
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Impersonated on twitter? victim of cyber-bullying? your remedy
By LawDotNews on 2011/01/07
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With the exponential growth in the use of Twitter and other social media for both personal and business communication, you could be faced at some time with one or both of these unfortunate situations: -
• You and/or your business are impersonated on Twitter by some anonymous competitor or jokester using your name and/or trade names.
• Or perhaps you (more likely your children) become victims of “cyber-bullying”.
What can you do about it?
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Trouble on the picket line: ‘striking’ a balance
By LawDotNews on 2010/11/03
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The right of strikers to picket is enshrined in our law, and the “Code of Good Practice on Picketing” (issued in terms of the Labour Relations Act) sets out guidelines aimed at ensuring that strikers are able to picket effectively.
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The bad bond clause that sank the sale!
By LawDotNews on 2010/11/03
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With property sales regularly falling through when the bank turns down the buyer’s application for a bond, don’t be tempted to word your bond clause too widely.
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Minority shareholders - your rights re members’ meetings
By LawDotNews on 2010/11/03
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As a company shareholder, you have, per a recent High Court judgment, the following rights (subject only to “any justifiable limitation imposed by the Articles of Association”) in regard to any members’ meeting:
- To attend the meeting, and
- To participate fully in its proceedings, and
- In particular, to address members present, to speak for or against any motion tabled for adoption, and to register your vote for or against the motion.
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Strike! When is it “Protected”? and when is dismissal fair?
By LawDotNews on 2010/10/04
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All employees - and employers - should understand the general principles relating to strikes.
As a general rule (subject however to several exceptions and limitations), employees have a constitutional right to strike. Employers have a corresponding right to lock strikers out.
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Online gambling – Are all bets off?
By LawDotNews on 2010/10/04
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Tread carefully for a while if you are in any way involved with the online gambling industry.
Following the recent High Court judgment declaring online gambling illegal (note that “sports betting” via licenced bookmakers and totalisators is excluded), the National Gambling Board has threatened to take action against not only online casinos and players, but also service providers (anyone who “advertises, facilitates or promotes unlawful gambling activities”).
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Access to justice now quicker, easier, more affordable
By LawDotNews on 2010/09/03
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Regional Courts (which were previously only able to deal with criminal cases) now also have jurisdiction over a variety of civil matters. As there are 62 Regional Courts around South Africa (as opposed for example to the existing 3 Divorce Courts), the move should significantly reduce backlogs in both the High Court and Magistrates Courts.
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Company or CC Deregistered? Restore it now!
By LawDotNews on 2010/09/03
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If your company or close corporation was one of the 750,000 deregistered by Cipro on 16 July (its amnesty for late filing of annual returns having expired on the 15th), you risk - amongst other things - personal liability for corporate trading, inability to enforce contracts and collect debts, potential forfeiture of assets to the State, and problems with SARS.
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Terminating debt reviews: Creditors, Debtors and Debt Counsellors take note!
By LawDotNews on 2010/09/03
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Once an “over-indebted” debtor has applied for debt relief in terms of the NCA (National Credit Act), all recovery proceedings are suspended whilst a debt counsellor formulates a repayment plan for approval by either creditors or the court.
The consequent delays have caused much unhappiness in the ranks of creditors when debtors abuse the process solely to avoid or delay payment. But there is a practical solution - where the debtor is in default, you can, 60 business days after the initial application, give notice of termination of the debt relief process. Serve notice on the debtor, the debt counsellor and the National Credit Regulator.
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Dismissal for petty theft: When is it justified?
By LawDotNews on 2010/09/03
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When can you summarily dismiss a dishonest employee? Our law holds that it is “one of the fundamentals of the employment relationship that the employer should be able to place trust in the employee… A breach of this trust in the form of conduct involving dishonesty is one that goes to the heart of the employment relationship and is destructive of it.”
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Property owners: manage your risk of personal injury claims
By LawDotNews on 2010/08/04
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Property ownership has many advantages, but - as a recent High Court case serves to remind us - you must also manage the risks.
For example: as owner, you have a “legal duty to ensure that the premises are safe for those who use them. That is so whether one is dealing with trespassers, invitees or others who may have a right to enter upon the property, such as tenants.”
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Credit providers: The sequestration option
By LawDotNews on 2010/08/04
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Enforcement of credit agreements requires careful compliance with the provisions of the NCA (National Credit Act). That’s a process that can cause substantial delay, and is certainly full of pitfalls.
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Developers: How does the rezoning case affect your applications?
By LawDotNews on 2010/08/04
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Property developers want to have their rezoning applications dealt with speedily and efficiently. Until now, they have been able to choose between applying either to the local municipality, or (in areas where one has been established) to a provincial development tribunal. It’s been a question of choosing whichever authority is perceived to give the quickest and most efficient service.
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‘Golden handcuffs’: Make them stronger!
By LawDotNews on 2010/08/04
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Employers: when your staff could damage your business by resigning and taking your trade secrets to a competitor, protect yourself by including a restraint of trade clause in their employment contracts.
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Baby boomers" 65 soon: Avoid age discrimination!
By LawDotNews on 2010/07/03
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“Will you still need me
Will you still feed me
When I’m sixty four five?” (With apologies to the Beatles)
With the first wave of Baby Boomers turning 65 next year, employers and their employees need to understand the rules relating to compulsory retirement age. In a nutshell, forcing someone to retire at 65 could – unless our labour laws are strictly complied with - amount to automatically unfair discrimination on the grounds of age.
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Vital evidence about to be destroyed? Act Immediately!
By LawDotNews on 2010/07/03
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What do you do if you suspect that someone you are suing (or are about to sue) is on the verge of hiding or destroying vital evidence in his/her possession?
Act immediately – our law has a remedy for you in the form of an “Anton Piller” order, whereby the Sheriff of the Court is authorized to search for, and seize into safekeeping, the relevant evidence.
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Dangerours roads, Dagerous laws
By LawDotNews on 2010/07/03
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What happens if you are seriously injured or killed in one of South Africa’s many traffic accidents? How do you and/or your dependents continue to survive financially?
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Co-owners come to blows? Courts to the rescue
By LawDotNews on 2010/07/03
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Co-ownership of immovable property can be problematic, particularly if and when you and your co-owner/s decide for whatever reason to part company, but cannot then agree on how to divide the property.
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Vexatious litigants: Red card them!
By LawDotNews on 2010/07/03
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Recent media reports have suggested that property developers in particular can use “new vexatious legislation” to take action against anyone who causes a developer financial loss by groundlessly objecting to a development scheme.
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Driver demerit system rolling out country wide – the timetable
By LawDotNews on 2010/06/03
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The AARTO traffic fines system is serious stuff, particularly from November when the points-based demerit side of the system commences. If you run up 13 or more demerits, your driver’s licence/professional driving permit/operator card will automatically be suspended (3 months’ suspension for every point over 12). And 3 suspensions will result in full cancellation.
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The bond clause: no due date = Dispute + Delay!
By LawDotNews on 2010/06/03
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If your property sale is subject to a suspensive condition (such as the buyer obtaining a bond), ensure that a specific time limit is clearly stated. Otherwise the buyer has by implication of law a “reasonable time” within which to obtain the bond – and, since you can’t start looking for another buyer until the existing sale has definitely lapsed, that’s a recipe for uncertainty, dispute, and costly delay.
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What’s in my muesli? New controls on food labelling, advertising
By LawDotNews on 2010/06/03
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New Department of Health regulations will control what must (and must not) be included in labelling and advertising of all foodstuffs. The idea is to assist consumers to make fully informed, healthy food choices based on clear disclosure of nutrient content in food products.
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Consumer Protection Act - General Implications
By Max Loubser on 2010/06/01
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INTRODUCTION
The Consumer Protection Act 68 of 2008
(CPA) will impact fundamentally on the relationship between suppliers of goods
and services and their customers. The CPA has a wide-ranging area of
application and suppliers of goods and services will need to revise their
contracts and related documents to conform to the CPA requirements.
The commercial department of CLUVER
MARKOTTER would welcome the opportunity to assist you in this regard. For
enquiries, please contact Ane Crafford at 021 808-5609.
The following is a summary of the main implications of the CPA.
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Estate agents: Protect your commission!
By LawDotNews on 2010/05/04
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Estate agents need to take heed of a recent High Court case in which an agent’s commission claim was rejected on two grounds.
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The world cup - Sick leave skiving
By LawDotNews on 2010/05/04
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Employers are going to be very suspicious if staff suddenly take “sick leave” just when a big World Cup game is on, and all concerned need to understand what the legal position is with sick leave. In summary:
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CC Members duelling? Choose your weapons!
By LawDotNews on 2010/05/04
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What do you do if member disputes are critically endangering your close corporation’s business? First prize is for one of you to sell out to the other, but if you can’t agree on a fair price, you need to force a resolution.
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Employers: Lodge Recon Returns by 31 May!
By LawDotNews on 2010/05/04
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SARS has set 31 May as the deadline for submission of the new EMP501 “Employer Reconciliation Declaration” returns for the period 1 March 2009 to 28 February 2010.
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Eviction delays? Claim from the local authority
By LawDotNews on 2010/05/04
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Any landowner saddled with illegal occupiers faces potentially crippling delays in the battle to evict them, the courts commonly delaying eviction until alternative accommodation is provided for destitute occupiers.
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Directors, Reckless trading:”Honest belief” Irrelevant
By LawDotNews on 2010/04/01
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One of the nightmare scenarios facing any company director is being held personally liable for the debts of his/her company.
Commonly, a creditor of the company (or the liquidator thereof acting for the general body of creditors) claims from the director personally on the basis that he/she was party to “fraudulent or reckless” trading.
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Sellers and clearance certificates – Note the 2-Year limit on rates!
By LawDotNews on 2010/04/01
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A sold property cannot be transferred to the buyer thereof unless and until the local authority issues a “clearance certificate”, being its confirmation that it has received full payment of all amounts due in connection with the property in respect of “municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate.”
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Suppliers: Goods supplied from 24 April subject to damages risk
By LawDotNews on 2010/04/01
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Consumers as well as suppliers of goods and services need to bear in mind that, although most of the provisions of the Consumer Protection Act will only come into force on 24 October 2010, certain “transitional provisions” apply from 24 April:
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State tenders – Your rights
By LawDotNews on 2010/04/01
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In setting aside the tender process followed by SAA in awarding a contract for ground handling services, the High Court recently examined the obligations in this regard of any “organ of state exercising a power in terms of the Constitution or performing a public function in terms of legislation”.
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Don’t lose your house sale on a technicality!
By LawDotNews on 2010/03/03
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Another warning to have your property sale agreement checked by your lawyer before you sign anything comes from a recent Supreme Court of Appeal case. The sale in question was held to be invalid for want of certainty as to when the purchase price had to be paid.
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Legal costs and tax deductibility – Good news!
By LawDotNews on 2010/03/03
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Trading expenses and losses are generally only allowed as tax deductions if they are incurred “in the production of income”.
So what happens when you are sued – for damages perhaps – and incur substantial legal costs in defending yourself? Are you denied tax relief on those costs purely because they don’t relate to the bringing in of income?
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The bank, The businessman, and the “Good” cheques that bounced
By LawDotNews on 2010/03/03
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You receive an order for goods or services and accept payment by cheque – and then the customer pressures you to make immediate delivery. Don’t give in. Don’t rely on the credit entry that shows up on your account as soon as the cheque is deposited. The funds only become available once the cheque is actually cleared (typically after 7 working days unless you ask – and pay for - special clearance within 2 working days).
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Builders: Just what do interim payment certificates prove?
By LawDotNews on 2010/03/03
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Construction contracts commonly provide for “progress payments”, based on “interim payment certificates” issued by an agent of the employer (often an architect, engineer or other professional) as the work proceeds.
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Developers: Give yourself enough time for extensions
By LawDotNews on 2010/02/03
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A developer who reserves the right to extend a sectional title scheme must, at the time of registering that right, stipulate the period for which he requires it to complete the extensions.
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Stolen cars and “owner’s risk”
By LawDotNews on 2010/02/03
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Your car is stolen after you leave it at a vehicle service centre for repair.
“It’s your fault my car was stolen”, you tell the repairer, “So pay me out please”.
“No way!” replies the repairer. “Look over there at that notice on the wall: ‘Vehicles Are Left At Owner’s Risk’. The loss is yours.”
“But I didn’t see that notice when I left the car with you, and no one drew my attention to it” you report.
“Tough” says the repairer. “Sue me”.
So you sue him – who’s going to win?
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Neighbour trouble: Storm water floods
By LawDotNews on 2010/02/03
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What do you do when – every time it rains – storm water floods down from your neighbour’s property onto yours? Is it your responsibility to pipe the water away, or must your neighbour deal with it?
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Suing to enforce a credit agreement? Deliver the NCA Notice correctly!
By LawDotNews on 2010/02/03
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Before taking legal action to enforce any credit agreement, you must deliver to the consumer a notice in terms of the National Credit Act drawing the consumer’s attention to the default, and proposing that he/she refer the credit agreement for arbitration, counselling etc.
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The proposed trade mark protection mechanisms for ICANN’s new gTLD system
By Jeremy Speres on 2010/02/01
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The Internet Corporation for Assigned Names and Numbers (‘ICANN’), the organisation that controls the internet’s naming system, recently released Version 3 of its Draft Applicant Guidebook which is designed to guide potential applicants through the new generic Top Level Domain (‘gTLD’) application process, set to begin in 2010.
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School fees – Both parents liable
By LawDotNews on 2010/01/06
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Schools battling to recover unpaid fees will be heartened by a recent Supreme Court of Appeal decision to the effect that both parents are responsible for paying school fees, regardless of whether or not they have custody and/or guardianship of the learner.
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