Victims of crime: Enforce your Rights!

Victims of Crime have strong rights – see “The Victims’ Charter” on the National Prosecuting Authority website http://www.npa.gov.za/files/Victims%20charter.pdf. That’s all very well in theory, but to make our rights real it is up to us all to claim them, and to enforce them. (more…)
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Directors Part 2 – How To Limit Your Liability

“The biggest risk is not taking any risk... In a world that’s changing really quickly, the only strategy that is guaranteed to fail is not taking risks.”  (Mark Zuckerberg, founder of Facebook) Your increased risk of personal liability is compounded by the reality that you will at times make bad decisions, or acquiesce in bad decisions made by the board of directors – that’s pretty much inevitable in any business environment. (more…)
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Be careful signing suretyships! and what to do when things go wrong.

R16,6m – that’s how much (plus interest and costs) the High Court recently ordered two sureties to cough up in their personal capacities. The sureties had, as trustees of a property development trust, signed surety for the trust’s loan from a money-lender. The problem with suretyships of course is that you tend to sign them at the start of a venture, when it seems like a safe and sensible thing to do. It’s only later, when the principal debtor unexpectedly runs into financial difficulty, that you start panicking – and by then it’s too late. (more…)
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Employers: another strike warning from our Courts

Last month we considered the case of a trade union fined R500,000 for contempt of court after it failed to take sufficient steps to dissuade and prevent its members from continuing with “violent and unlawful actions” during a strike. This month we turn to the other side of the coin – the very strong protections which our law affords to employees who lawfully exercise their right to strike. In a nutshell, any dismissal of strikers will be automatically unfair “once it has been established that their participation in the strike was the ‘main’ or ‘dominant’, or ‘proximate’, or ‘most likely’…
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Why you must make a Will – now!

It’s easy to procrastinate when it comes to making a will. None of us wants to dwell on our mortality, but of course the reality is that it’s a not a case of planning for “If I die”. We have to plan for “When I die”. So no matter your age, if you haven’t yet got around to making your will, delay no longer. You owe it to yourself and to your loved ones to avoid dying “intestate” (without a valid will). (more…)
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