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Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

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10
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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17
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

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17
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

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19
Article

Why a clean donation can have sticky consequences

21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

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15
Article

An introduction to mergers and acquisitions in South Africa

24 January 2024

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

READ MORE
69
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
10
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
17
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

READ MORE
17
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

READ MORE
19
Article

Why a clean donation can have sticky consequences

21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

READ MORE
15
Article

An introduction to mergers and acquisitions in South Africa

24 January 2024

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

READ MORE
69
Article
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Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.

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30
Article
When can you be barred from registering a trade mark?

15 January 2024

A question often asked when consulting with clients about trade marks is when and how can you be barred from... registering a trade mark? 

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22
Article
Buyer’s remorse? Can it save you from paying estate agent commissions?

15 January 2024

For buyers, the prospect of a new home can be exciting and daunting. You saw a house that you are... interested in buying, and you want to seal the deal before somebody else does. You sign the Offer to Purchase, then only crunch the numbers and realise you can’t afford the house. Surely you can just withdraw and the seller can continue to sell the property to someone else? No harm, no foul!

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533
Article
Owners beware – you have limited time to claim for defects to your house

15 January 2024

You have been living in your new house for a year or two when the issues start – cracks, and... more cracks – all serious and structural. So, can you hold the previous owner liable for this, or have you waited too long?

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113
Article
When a spouse hides assets away in a trust…

15 January 2024

In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises... the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.

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29
Article
Tax Evasion vs Tax Avoidance!

15 January 2024

Every day South Africans pay tax, whether it be for VAT charged on basic goods, fuel levies, or the dreaded... estate duty on passing. It is safe to say that with taxes lurking around every corner, it is not unforeseen that a person would look into ways to validly limit one’s tax exposure. This brings to front and centre the question of what is construed as tax evasion and what is tax avoidance.

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196
Article

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