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Using residential properties for commercial purposes: penalties by Reini Scheepers

Leave a Comment / Commercial Law, Property Law / By

Residential property owners using their homes in contravention of the property’s zoning provisions should take note of a judgment of the Supreme Court of Appeal of South Africa (“SCA”) in the case of City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97 (9 July 2021) (the “Zibi case”), where the Court …

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Preparing for a CCMA arbitration by Waseem Hussain

Leave a Comment / Labour law / By

INTRODUCTION   The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is an independent body that aims to promote fair labour practices by resolving labour disputes between employees and employers under the Labour Relations Act (LRA). The commissioner’s role is to try to resolve a dispute referred to it by conciliation, within thirty (30) days of it …

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Termination of an employment relationship by agreement: Implications for unemployment benefits by Bianca du Toit

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The manner of and reasons for termination of an employment relationship will determine the rights and obligations of the parties under the Unemployment Insurance Act 63 of 2001 (“UIA”) and this requires furnishing correct information under the UIA. Failing to do so may have serious consequences for both parties. Termination of an employment relationship may …

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Appointment of Executors, Trustees and Guardians – Why it is important – Cleo Cupido

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When drafting or updating a Will, it is very important to know what exactly the functions of an Executor, Guardian or Trustee are and who you should entrust with these functions. One of the first questions to consider when drafting a Will, is the appointment of an Executor.  The duties and responsibilities of an Executor …

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How to execute eviction orders during the national state of disaster by Piet Badenhorst, Koos Geyser and Cheri Petersen

Leave a Comment / Litigation law, Uncategorized / By

The execution of eviction orders have been prohibited during the national state of disaster (“NSOD“), declared under the Disaster Management Act No. 57 of 2002 and in place since 23 March 2020. For the duration of the NSOD, at all the alert levels declared from time to time, the Regulations have prohibited the execution of …

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Employee share incentive schemes – Income tax implications by Stacy-Lee Dennis

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INTRODUCTION It is important for taxpayers who claim deductions in respect of contributions to share incentive arrangements for employees, particularly where trusts are involved, to consider the potential impact of Commissioner for The South African Revenue Service v Spur Group (Pty) Ltd (the Spur Case). Section 95(1)(c) of the Companies Act 71 of 2008 (“Companies …

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Selling or leasing property? Take note of the new property practitioners act By Maxine Smet

Leave a Comment / Property Law / By

INTRODUCTION The Property Practitioners Act (“PPA”) has come into effect on 1 February 2022. The PPA aims to ensure a healthy property market, to regulate property practitioners and to protect consumers. An important example of consumer protection is the compulsory inclusion of a property defects disclosure form (“disclosure form”) for both property sales and rentals. …

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When the dog bites – Liability for harm caused by animals by Zorada Temmingh

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Dogs provide companionship and may also provide protection. Owners should be aware of the attendant risks and responsibilities of owning and keeping a dog or other animal. Particularly important is the potential liability for damage caused by the animal, even if the owner was not at fault. The recent case of Van Meyeren v Cloete …

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