The importance of drawing up a Will that complies with the necessary formalities is brought home to us in difficult times. One of the formalities of a valid Will is that it must be in writing, typed or handwritten. A handwritten Will is valid, but it must be written by the testator /testatrix or another …
The question arising in the recent case of Liberty Group Limited v Illman 2020 ZASCA 38 was: Does the service of a summons on any one of a number of co-sureties interrupt the running of prescription for the debts of the others? This question arose against the background of the following rules on prescription and the debts of …
Sureties, co-sureties and prescription by Marieke du Toit Read More »
In a recent judgment the Constitutional Court (by a 5-4 majority) decided that a collective agreement on retrenchments between an employer and a majority trade union also binds a minority union. In Association of Mineworkers and Construction Union and Others v Royal Bafokeng Limited and Others [2020] ZACC 1 the court upheld the constitutionality of …
In Centre for Child Law and Others v Media 24 Limited and Others [2019] ZACC 46 (4 December 2019 the Constitutional Court held that current legislation inadequately protects the identity of child victims of crime. The case deals with the scope of protection provided by section 154(3) of the Criminal Procedure Act 51 of 1977 (“the Criminal …
During the current nationwide Lockdown Deeds Offices across South Africa have been closed at times. Even when allowed to be re-opened, the Deeds Offices were slow to become fully operational and are subject to further closings when active Covid-19 cases occur. The situation is extremely harmful for the property business and it has again brought …
Electronic Registration of Deeds and the Lockdown by Jean de Wet Read More »
During these uncertain times, it is even more important to ensure that your family members have access to the following information and documents: Important Documents: Copy of your Will and, if applicable, the originals of any trust documents, title deeds, insurance policy documents, investment certificates, registration document(s) of motor vehicle(s), marriage certificate, ante nuptial contract …
Lockdown lists: Get your important documents in order. by Sisteen Geyser Read More »
President Cyril Ramaphosa (“the President”) on 23 March 2020 announced a nationwide lockdown (“the lockdown”) to limit the spread of the Covid-19 virus. Everyone, excluding essential service providers, as defined, is subject to the lockdown, from midnight on Thursday, 26 March 2020 to midnight on Thursday, 16 April 2020 (“the lockdown period”). The Minister of …
Pierre Lombard, Cleo Cupido, Alden Klaasen, Bianke Wallendorf and Marieke du Toit commenced their training as candidate attorneys in January 2018 at Cluver Markotter Inc. We are proud that all five successfully completed their training under the guidance of the directors of our firm and passed all their admission examinations. On 7 February 2020 they …
The Companies and Intellectual Property Commission (“CIPC”) on 13 August 2019 introduced a new compliance checklist (“the checklist”), which must be completed by all companies (including state-owned; non-profit; private; personal liability and public companies) before submitting annual returns. The submission of the checklist is mandatory with effect from 1 January 2020 (in terms of Notice 52 …
New Mandatory Compliance Checklist For Companies by Johanei Borstlap Read More »
In Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019) the court had to decide on the liability of Stallion Security Services (“Stallion”) for a robbery committed by one of its employees. The employee, Mr Khumalo, was a site supervisor of a premises where Stallion rendered security services for a …
Security company liable for intentional wrongdoing of employee? by Waseem Hussain Read More »