“Truth will out” (Shakespeare) You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other. How will a judge decide where the truth lies?
Security Complexes and Fibre – You Can Use Telkom Ducting After All
“Reliable electronic communications go beyond just benefiting the commercial interest of licensees to the detriment of ownership of property. The statute [Electronic Communications Act] is designed to avoid this no-winner conflict. What it seeks is to bring our country to
Dementia and Incapacity: What is a Power of Attorney and is it Forever?
“The number of cases of dementia is estimated to almost triple by 2050” (World Health Organisation) Although the actual prevalence per capita of dementia is reportedly on the decline, aging populations ensure that it is becoming more and more of
Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?
“Spoliation is the wrongful deprivation of another’s right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands … The cause for possession is irrelevant – that
When can creditors attack trust assets?
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,
Double comission danger! Sellers, Buyers and Agents beware
“Double, Double Toil and Trouble” (Shakespeare) Particularly in these challenging times, properties are often marketed by multiple estate agents before a successful sale is finally achieved. The resultant risks (for all concerned) are illustrated in a case recently before the
Garnishee orders – Are 2 million of them now invalid? An action plan for employers, creditors and debtors
“The ability of people to earn an income and support themselves and their families is central to the right to human dignity” (Extract from judgment below) “Garnishee” orders (more properly “Emoluments Attachment Orders” or EAOs) are often used by creditors
Business rescue – Is it too late after liquidation? The supreme court of appeal speaks
An important new SCA (Supreme Court of Appeal) decision recently addressed the following scenario – A close corporation runs a business renting out its commercial properties. The properties are bonded to a bank. The close corporation was placed into final
EMPLOYERS: IMPORTANT BREAKS FOR SMALL BUSINESSES YOU NEED TO KNOW ABOUT
“…..we believe that the SME sector is critical in stimulating economic development, and that it is also a pivotal area in terms of innovation, skills development, entrepreneurship, labour-absorption and job-creation” (from a speech by the Deputy Minister of Small Business
SELLING YOUR HOUSE? CHOOSE YOUR OWN CONVEYANCER
For most people, your house is your most important asset. So when you sell it (or any other property for that matter), it is absolutely critical to entrust the process to a conveyancer you can trust to act with both