Publications

Suretyships: Friend or Foe?

A suretyship can be a blessing or a nightmare, depending on what side of the suretyship coin you are on.

Relief from oppressive or prejudicial conduct under the companies act

Section 163 provides that shareholders of a company may apply to the courts for relief under a number of circumstances. The first is where there has been an act or omission of the company, or a related person, which is oppressive or unfairly prejudicial to, or unfairly disregards the interest of the applicant (s163(1)(a)). Secondly, …

Traveling abroad with Children

From 1 June 2015, the Department of Home Affairs in South Africa has required all passengers under 18 to travel with an Unabridged Birth Certificate. Under the new law, all minors under the age of 18 years are required to produce, in addition to their passport, an Unabridged Birth Certificate (showing the particulars of both parents) when exiting and entering South African ports of entry.

The validity of a Suretyship embodied in a credit agreement

It is common for an application for the supply of goods or services to contain a clause that binds the signatory as surety for payment on behalf of the applicant.

Reckless Credit

In today’s consumer-oriented world, we want it all and we want it now and with the seamless swipe of a plastic card, it seems that we can indeed have it all… on credit.

Can posting comments on Facebook land you in hotwater!?

Some Facebook users might believe that their existence in the social media arena, entitles them to a ‘free-for-all’, ‘anything goes’ way of expressing themselves. Whilst freedom of expression is a cherished Constitutional right, recent case law has changed the way in which Facebook users will post comments. Users will now have to consider whether their comments are defamatory before posting them, otherwise they may face a new harsh reality: damages.

Common Law Marriage – A Common Misconception

In South Africa, many people believe that simply residing together with another person establishes legal rights and duties between them. However, there is no legal recognition of domestic partnerships and no such thing as a common law marriage in South Africa.

The Tax Benefits of Transferring a Primary Residence to a Natural Person

Individuals who own their primary residence in a trust, company or close corporation have until 31 December 2012 to take advantage of the tax exemption afforded by a SARS directive in terms of Section 9(20) of the Transfer Duty Act.

Consumer Protection Act – Its Impact on Lease Agreements

Many of you may be wondering about the implication of the new Consumer Protection Act (“The Act”) on your Lease Agreement, whether Landlord or Tenant. The Act introduced some important changes to the law governing Lease agreements when it came into operation on the 1st April 2011. It is important to note that the Act only applies to leases entered into after 1st April 2011.