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Title Deed Restrictions

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 …

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Effects of Social Media on Shareholder Activism

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 …

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Stokvels: A Mechanism of Informal Social Security

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 …

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Anti Dissapation Order

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 …

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Zamuxolo Gulwa: “Law is a mechanism for change”

  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 …

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An altruistic Fairbridge’s conveyancer raises the bar in customer service

  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 …

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Felicia Hlophe: From Ladysmith to lady lawyer

  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 …

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Book Review – Effective Legal Interviewing and Counselling

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 …

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Book Review – Employment Rights

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 …

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Book Review – Human Resource Management in Public Schools

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 …

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Book Review – Dugard’s International Law

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 …

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Book Review – Public Procurement Regulation

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 …

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Transformation of Parental Leave in South Africa

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 …

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Changing the face of Contractual Agreements

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 …

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Do you have a right to a view?

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 …

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Waging War on Bad Wages: The New National Minimum Wage Act

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 …

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Whose responsibility is it to verify that a water meter is working correctly?

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 …

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Book Review – Oil, Gas and Mining Law in Africa

by Thierry Lauriol and Émilie Raynaud (584 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “We have no more right to consume happiness without producing it than to consume wealth without producing it.”– George Bernard Shaw (1856-1950) The exploitation of natural resources in Africa is front and central to the economic, social and political development of the continent. This was largely …

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Compliance with the companies act 71 of 2008

Clients are reminded of the continued need to review their shareholders agreements and their Memorandum of Incorporation (“MOI”) in order to ensure that the terms of their shareholders agreement are aligned with its MOI as well as the provisions of the Companies Act 71 of 2008 (the “Act”). Clients are further reminded that under the Act the predominant aspects of …

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Book Review – Evidential Aspects of Law Enforcement

by Marga van Rooyen (433 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “It is a capital mistake to theorize before one has data”– from The Memoirs of Sherlock Holmes by Sir Arthur Conan Doyle (1859-1930) It has been demonstrated many times in South Africa, that laws on the statute books only have life breathed into them when they are effectively …