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RETRENCHMENTS

IMPORTANT INFORMATION FOR EMPLOYERS (Note, these guidelines are for employers with less than 50 employees) The decision to retrench is certainly not made lightly, but it has become an unfortunate reality for many businesses in the current economic climate.  As a cash-strapped company, maintaining the status quo has no doubt become untenable, and the only …

Covid-19 Update

Covid-19 Update coming later today.

COVID-19 Article

Tuesday, 17th March 2020 As the pandemic of the novel COVID-19 spreads at a significant rate across the globe, the instances of infection and preventative quarantines have escalated exponentially both in South Africa and throughout the world. Given the seriousness of the current situation, it is important to discuss the effect that either contracting the …

What happens if you cancel your lease early?

There ain’t no such thing as a free lunch” (Wise old adage) You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers you and you have to cancel early.  “Fine” says your …

Facebook defamation – the truth is not enough!

You are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after all, our Constitution protects our …

How to avoid disputes over jointly owned property

Co-ownership is the mother of disputes (Roman law maxim) Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example you are spouses or life partners buying your first home. Perhaps you are a …

Can you still sell as is? CPA v the voetstoots clause

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause. Firstly, what’s the difference between “patent” and “latent” defects? Before we get into the meat of this question, let’s understand two important terms – …

Security estates: Are your rules enforceable?

It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor (extract from judgment below) When you choose to buy into a security estate or other community scheme, you will invariably …

Plot-and-plan: Great Option, Just Beware The Building Deadline

Buy land, they’re not making it anymore (Mark Twain) Buying a house is an important and exciting experience.  One of the first decisions you must make is whether to buy an existing house (the “turnkey” option) or to buy from a developer on a “plot-and-plan” (“off-plan”) basis. Which option is best for you only you …

Closing down the guesthouse next door: notes for owners and neighbours

You can be a good neighbour only if you have good neighbours (Howard E. Koch, playwright)   You decide – for whatever reason – that your neighbour’s new guesthouse is definitely not first prize in your sleepy and peaceful suburb, so you investigate. You find out that the local municipal zoning scheme doesn’t allow anyone …