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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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3
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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3
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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2
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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2
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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26
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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29
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
3
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
3
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
2
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
2
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
26
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
29
Article
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Filter: Corporate
Could a sale of shares be subject to the National Credit Act?

14 December 2016

My company holds shares in a larger construction company worth about R5 million. I’m looking at selling my shares to... an interested party that the construction company is also happy with. However, the party can only pay a deposit of R1,5 million and thereafter the remainder in monthly installments over a period of 18 months with an interest of prime plus 1%. My bookkeeper says I must be wary of falling under the National Credit Act. Could this be a possibility?

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186
Article
The ‘when’, ‘who’ and ‘how’ of taking valid company resolutions

14 December 2016

I’ve purchased a shareholding stake in my dad’s family business. I’ve been part of the family business for some time... but now I’m a shareholder and clueless as to the basics of how the company’s shareholders are supposed to take decisions. What should I know about company resolutions?

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220
Article
How to register a private company

08 September 2015

I have been approved to open up a small franchise business. The franchisor however requires that I run the franchise... business in a private company and not in my personal name. Where must I start with setting up a company?

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242
Article
Commercial Mediation: The long-awaited arrival of mainstream mediation

11 June 2015

This article provides a general overview of the process of mediation, specifically in the commercial context. In the international arena,... mediation has become a primary option for parties wishing to resolve their disputes as its potential benefits outweigh lengthy litigation. In South Africa, commercial mediation is a recent development, but is well on its way to becoming an efficient and cost-effective alternative to litigation. The introduction of court-aligned mediation in the Magistrate’s Courts of South Africa adds impetus to the notion that mediation is here to stay.

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276
Article
Has the bell tolled for broad-based ownership and employee trusts?

11 June 2015

The Department of Trade and Industry (DTI) published a notice on 5 May 2015 where, in a move that raised... concerns across the entire business sector, it was announced that Broad-Based Ownership Schemes (BBOS) and Employee Share Ownership Programs (ESOPs) will only contribute a maximum of three points to the total BEE scores of companies which implement such solutions after the date of the announcement. In light of the flood of criticism that followed this announcement, the DTI published a retraction on 15 May 2015 - and although wholly retracted, it came with a warning.

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199
Article
The company you (don’t want to) keep: When shareholders won`t share anymore

13 February 2015

Entering into any business venture is fraught with challenges, risks and, hopefully, also rewards; but what happens if somewhere along... the line the shareholders of a company no longer get along and want to call it quits? Can a solvent company be wound up if the shareholders don’t get along? 

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232
Article

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