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Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

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9
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

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10
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

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9
Article

Consistency is key for Homeowners Associations

02 September 2024

With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands... that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.

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9
Article

Preserving your art legacy: Tax tips for collectors

02 September 2024

For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved.... While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.

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10
Article

Employee grievances: one misstep can cost you!

02 September 2024

Employers can often let an employee grievance slide, particularly when directed by juniors at a valuable or important senior employee... or supervisor. A recent Free State High Court judgment however raised a huge red flag for employers not to let these incidents slide. 

READ MORE
10
Article

Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

READ MORE
9
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

READ MORE
10
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

READ MORE
9
Article

Consistency is key for Homeowners Associations

02 September 2024

With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands... that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.

READ MORE
9
Article

Preserving your art legacy: Tax tips for collectors

02 September 2024

For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved.... While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.

READ MORE
10
Article

Employee grievances: one misstep can cost you!

02 September 2024

Employers can often let an employee grievance slide, particularly when directed by juniors at a valuable or important senior employee... or supervisor. A recent Free State High Court judgment however raised a huge red flag for employers not to let these incidents slide. 

READ MORE
10
Article
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Filter: Prescription
Be careful not to let your medical negligence claim prescribe

29 May 2024

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

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221
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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222
Article
Latent defects, prescription and your newly bought home

29 November 2023

Home buyers are often worried about the risk of discovering a latent defect after they have bought a home, particularly... where sellers may have gone to some length to hide the defects to get the house sold. In this article we take a look at the role prescription plays when discovering defects and how this may affect the buyer’s ability to take steps against a seller.

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756
Article
Prescription and claims against organs of state

28 February 2023

Claims against the state may arise from several causes of action. Importantly though, it must be remembered that claims against... any organ of state are also subject to prescription, and care should be taken to not let your claim prescribe. In this article, we examine the current legal position in respect of prescription and claims against the state.

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318
Article
When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a... job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him that his obligation to pay has prescribed. Surely this can’t be right?

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456
Article
Prescription and surety don’t always play well together

06 January 2021

Our company is owed money by one of our contractor companies who we helped with finance and provided us with... personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?

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452
Article

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