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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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21
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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26
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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28
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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16
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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21
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

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23
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
21
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
26
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
28
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
16
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
21
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
23
Article
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Filter: Agri
Want to sell a portion of your farm? Don’t count your chickens before you have consent

11 August 2016

With the continuing drought I can no longer afford to run my entire farming operation and would like to sell... off a portion of my farm. However, as I understand it I may not subdivide my land. What is the legal position, and is there any manner in which I can do this?

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153
Article
Lease of Agricultural Land: What to consider?

04 February 2014

Daniel is a young, innovative and successful farmer who wants to expand his agricultural operations and begin an apple plantation... to produce apples for export purposes. The only problem is that he doesn’t own enough agricultural land to start this lengthy and expensive process. Daniel now considers entering into a long term lease agreement of 20 years whereby he will lease a certain portion of agricultural land from a nearby farmer for this new farming operation. Can Daniel do this and will such a lease agreement be valid?

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158
Article
Grondeise: Wat elke koper moet weet

25 October 2013

Die koop van ‘n addisionele stuk grond met die oog op die uitbreiding van ‘n plaas en besigheid is ‘n... opwindende, tog wesenlike besluit wat ‘n boer neem. Ooglopende faktore wat oorweeg moet word voordat die transaksie aangegaan word, is onder meer ligging, grootte, water- en kragtoevoer, asook natuurlik die finansies. Tog is daar ander onderliggende kwessies wat ‘n boer se besluit om uit te brei aansienlik kan beïnvloed. Tref dus die nodige voorsorg nou en vermy spyt later.

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193
Article
Paniek en onsekerheid vir landbouers oor hul water

30 September 2013

Grootskaalse paniek en onsekerheid heers tans in die gemoed van watergebruikers in die landbougemeenskap. Die inwerkingtreding van die Nasionale Waterwet... in 1998 het ‘n nuwe era ingelei vir watergebruik in Suid-Afrika en baie landbouers voel dat die Wet hul voortbestaan as landbouers bedreig. Hierdie artikel poog om bietjie lig te werp op die belangrikste brandpunte waaroor onkunde heers en gebeure waarvoor die Departement ‘n geelkaart behoort te kry.

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229
Article
Farm worker basic conditions of contract

29 August 2013

In general, most employees are protected by the Basic Conditions of Employment Act which sets the standard for minimum conditions... of employment. In certain cases to protect vulnerable employees in a specific sector, sectoral determinations are made which provide for minimum conditions for employees in that sector. One such sector is the farming industry where Sectoral Determination 13 regulates the basic conditions of employment and remuneration of farm workers in South Africa.

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1410
Article
Can water rights be transferred? What do our courts say?

20 February 2013

Water rights are an essential commodity in the agricultural sector and a commodity with limited availability. Accordingly, the transfer of... existing water rights is a critical aspect for many farmers as it affects their ability to expand and further develop their farms. Many farmers also carry the perception that in practise the transfer of water rights is only possible to persons that meet the minimum requirements for black economic empowerment, particularly as regards ownership and management. In the recent appeal court case of Makhanya v Goede Wellington Boerdery (Pty) Ltd, the court confirmed that the transfer of water rights is indeed possible, that an equal consideration of various factors must take place in the consideration of any application for the transfer of water rights, and that no single factor may be afforded preference or carry a heavier weight than any other factor in such consideration. The judgement therewith confirms that, although empowerment is an important factor in the consideration of licenses, it is not the sole factor to be considered and that a balance must be struck between all relevant factors as prescribed by the National Water Act in the consideration of any application.

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172
Article

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