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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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12
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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9
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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8
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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8
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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42
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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43
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
12
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
9
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
8
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
8
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
42
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
43
Article
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Filter: BEE
When should you register your B-BBEE transaction with the B-BBEE Commission?

20 October 2022

Should your business consider an ownership transaction which may affect your ownership recognition for BEE purposes, it will be important... to also consider whether this transaction will require registration with the B-BBEE Commission. In this article we briefly unpack what the requirements for registration of a major B-BBEE transaction are.

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314
Article
B-BBEE in state tenders done?

14 June 2022

With all the media attention around the Supreme Court of Appeal’s ‘scrapping’ of the regulations around preferential procurement at the... end of 2020, and recent media statements by the Democratic Alliance that they wish to have B-BBEE removed as criteria from government tendering, one can be excused for being uncertain what role B-BBEE will continue to play in state tendering.

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244
Article
How to maximise your training for BEE recognition

19 May 2022

The various types of skills training available in South Africa and the corresponding BEE recognition it provides, has become very... technical, resulting in many businesses finding it difficult to decide on and implement the appropriate training programmes to achieve their desired training and BEE goals. Here we discuss and simplify the most prevalent types of training in South Africa and also address BEE recognition applicable to the different types of training.

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286
Article
The drive to transform under the new Property Practitioners Act

13 April 2022

With all the media focus lately on the new Property Practitioners Act and new regulations and requirements regarding Fidelity Fund... certificates, it’s easy to miss the impact this Act intends to make on much-needed transformation of the property sector. Here we highlight a few of the key measures that will impact on transformation in the property industry.

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317
Article
Can a foreigner qualify as BEE shareholding in your business?

13 April 2022

Your company is looking at to increase its BEE shareholding and you have identified a potential BEE partner. Despite being... very optimistic about the partner, you have in your due diligence discovered that your potential partner - although a black person - was not born in South Africa. This raises the question of whether this partner would qualify as a BEE partner should you continue with the BEE deal?

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240
Article
Is Preferential Procurement really important for your business?

21 March 2022

As much as B-BBEE legislation and scorecards have become a general part of the business landscape for many companies, the... procurement aspect remains a difficult one for businesses to get right and understand how important it is to their overall scorecard result. Below we unpack the Preferential Procurement Element of the B-BBEE Scorecard in more detail to illustrate how careful a business should be not to ignore this crucial element in their planning.

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214
Article

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