The prescribed rate of interest, determined by the Minister and published in the Government Gazette, applies where a debt bears interest, and the rate of interest applicable to that debt has not been agreed, or is not subject to any other law. Read More
Many businesses in South Africa face the very real risk of closing their doors permanently as a result of their inability to trade during the lengthy full lockdown imposed due to the COVID-19 pandemic. Business owners are overwhelmed with the stress and anxiety of how to rescue their business in such a difficult economic period. There are, however, several measures … Read More
The National Treasury has issued an explanatory note on the additional COVID-19 tax relief measures which will be included in revised drafts of the 2020 Disaster Management Tax Relief Bill and Disaster Management Tax Relief Administration Bill which are expected to be released on 30 April for comment. The following proposals are put forward for comment. Increase in the Expanded … Read More
Beware of Restrictive Title Deeds It is not uncommon for buyers to purchase what they believe to be their dream home, only to discover that they cannot add on an extra storey because of the existence of a restrictive title deed condition. Restrictive conditions may be defined as conditions registered in title deeds during the process of township establishment, by … Read More
Social media is used in everyday life by millions of people throughout the world. People post pictures on Instagram, send tweets on Twitter and update their Facebook statuses and have constant access to these social media platforms. What started out as a social, recreational activity has become an incredibly important marketing tool for individuals and businesses. Shareholder activism can be … Read More
For centuries people have entered into various forms of money saving schemes in an attempt to save and grow their money. People try to save and grow their money for a variety of reasons, such as, saving to go on holiday; saving for school fees or saving for their retirement. South Africa has seen many communities creating social schemes that … Read More
What to do if a debtor is intentionally selling of his assets to avoid payment of a future judgment? The old proverb “the wheels of justice turn slowly” is unfortunately well known in the South African context with it often taking two to three years to get a matter to trial in our high courts. This delay can often have … Read More
From herding cattle as a young boy in the Eastern Cape to moving into the top echelons of Africa’s oldest law firm, Fairbridges Wertheim Becker, is the journey Zamuxolo has taken. Zamuxolo was born in Engcobo, to a father who worked in construction and a stay at home mother, who worked hard to create an environment in which her … Read More
Melanie Kilian, a conveyancer with heart from Fairbridges Wertheim Becker Attorneys in Cape Town, is an inspiration to her colleagues and clients. Her passion is to help and to give great service to people of all budgets, regardless of their background. “At Fairbridges, we believe it is important to take on clients based on their needs, not on their … Read More
Felicia is an associate lawyer at Fairbridge Wertheim Becker, the oldest law firm in Africa. Born in Ladysmith, Kwazulu-Natal (KZN), she spent her early childhood in Mpumalanga before relocating back to KZN, in grade five when her mother was offered a better-paying job in that area. “Moving back to KZN was a bit of culture shock, but I got … Read More
by M A (Riette) du Plessis (106 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Two may talk together under the same roof for many years, yet never really meet; and two others at first speech are old friends.”– Mary Catherwood (1847-1901) The ability of an attorney to connect and communicate effectively with a client on a personal yet professional basis … Read More
by John Grogan (3rd Edition) (472 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Who first invented work, and bound the free and holiday-rejoicing spirit down to that dry drudgery at the desk’s dry wood?”– Charles Lamb (1775-1834) This is the third edition of a work covering terrain where there continues to be important developments in the law of employment. Significant … Read More
A Practical Guide by Jaco Deacon (310 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Who, with a natural instinct to discern, What knowledge can perform, is diligent to learn.”– William Wordsworth (1770-1850) The importance of education in South Africa cannot be overstated. There are about 24,000 public schools employing some 400,000 educators in the country, teaching millions of learners. Education … Read More
by John Dugard, Max Du Plessis, Tiyanjana Maluwa & Dire Tladi (Fifth Edition) (938 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Peace, commerce and honest friendship with all nations – entangling alliances with none.”– Thomas Jefferson (1743-1826), 3rd President of the USA, in his first inaugural address on 04 March 1801 The complex web of interlinking, overlapping and intertwined international … Read More
by Sope Williams-Elegbe and Geo Quinot (editors) (370 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The state is or can be master of money, but in a free society it is master of very little else.”– William Henry Beverage (1879-1963) Governments around the world allocate substantial portions of their budgets to the award of state contracts for the provision of … Read More
On the 27 November 2018 President Cyril Ramaphosa signed various amendments to labour legislation into law. These amendments have introduced additional parental leave benefits for fathers, adoptive parents as well as commissioning parents and have effect from 1 January 2019 in terms of the Labour Laws Amendment Act. Section 25A was inserted, amongst others, into of The Basic Conditions of … Read More
Section 11 (1) of ECTA provides that: ‘Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message.’ This is a simple sentence but has given a new dimension to contractual agreements as we know them. This section effectively means that data messages are not excluded … Read More
The increase of state regulation and adjudication of neighbour disputes about building works has now migrated from the private law context of reasonableness to the public law context of legality. The consequence of this shift is that any and all building works first need to comply with statutory and regulatory requirements before reasonableness is considered in terms of any impact … Read More
The new National Minimum Wage Act 9 of 2018 (NMWA) has been in the pipeline for quite some time and was finally signed into law by President Cyril Ramaphosa coming, into effect on 01 January 2019. The Act seeks to address unfair labour practices and implements a new minimum wage for the following: Ordinary-hour workers are entitled to R20 per … Read More
In the 2016 case of Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg, the City of Johannesburg (“the City“) instituted action against Euphorbia for arrears in respect of water supply, effluent and incidental charges derived from water meter readings. The City had installed a new water meter to measure the water consumption at Gallagher Estates premises. The meter … Read More
