Recent Industry Articles - Page 2 of 45 - Ashersons Attorneys

28 Oct 2024

Employers: It’s November Again. Must You Pay 13th Cheques?

“The best investment you will ever make are your employees” (Peter Drucker) As the end of the year approaches, many employees are eagerly awaiting their 13th cheque or year-end bonus. However, not every employer is in a position to pay bonuses, and this can lead to disappointment, disputes, or even legal action if expectations aren’t managed properly. Read on to find out whether you’re legally required to pay a bonus, and how you can avoid potential conflict. What does the law say? There’s a common misconception that South African law obliges employers to pay annual bonuses. This is not true.…

28 Oct 2024

By Ashersons Attorneys

No Means No: What the New Case on Consent Means for Victims of Sexual Violence

“Sexual violence is a horrific reality that continues to plague this country.” (Quoted in judgment below) It’s often said that victims of rape and other types of sexual violence have to suffer twice – firstly at the hands of the rapist and secondly at the hands of the law. A recent High Court ruling on the knotty question of consent could go some way towards remedying this. At the heart of the matter is the delicate balance between a victim’s right to be treated with dignity and compassion in their quest for justice, and the accused’s right to be presumed…

25 Sep 2024

By Ashersons Attorneys

Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex

“A bad neighbour is a misfortune, as much as a good one is a great blessing.” (Hesiod, 700 BCE) It seems that every community has at least one nightmare neighbour who delights in objecting to everything, fighting with residents and management at every turn, and becoming abusive and aggressive when they don’t get their way. What can you do to protect yourself and your family if you live in a residential complex and come under attack from such a neighbour? Of course, first prize will always be to prevent a long and bitter feud from developing in the first place.…

25 Sep 2024

By Ashersons Attorneys

How Can You Protect Your Heirs’ Inheritances from Their Creditors?

“The only person who sticks closer to you in adversity than a friend is a creditor.” (Unknown) You’ve done everything you can to leave your loved ones financially secure after you die. You’ve left enough assets to set them up in their own lives, made a valid will (“Last Will and Testament”), and chosen a trustworthy and efficient executor to wind up your deceased estate. You think you’d done everything you can to help and safeguard them. But what if you missed something – something that could be a real gamechanger for your heirs? Insolvency and attack by creditors We’re…

25 Sep 2024

By Ashersons Attorneys

How Does the New Corruption Reporting Law Affect Your Business?

“In defence of Madiba’s legacy, we will continue to wage a relentless war on corruption…” (President Cyril Ramaphosa) You may have seen mention of the new amendment to the Prevention and Combatting of Corrupt Activities (POCCA) Act that imposes severe penalties for any failure to report corruption. If you did see it, you quite possibly thought “Doesn’t apply to me, I’m just a small business”. Wrong! Let’s have a look at who the new law applies to, what it requires of you, the risk you run if you don’t pay it due attention, and how you should manage this new…

25 Sep 2024

By Ashersons Attorneys

Protect Your Employees from Harassment and Abuse – or Pay the Price

“It takes leadership to improve safety.” (Jackie Stewart, Formula 1 legend) One of your key duties as an employer is to create a working environment in which your employees are protected from harassment and abuse. As a recent High Court judgment graphically illustrates, dropping the ball will cost you dearly. Meet the protagonists The cast of characters in this unhappy tale features: The employer: A private hospital in Bloemfontein, operated by a national healthcare group. The employee: A Surgical Theatre Manager employed to oversee and manage the hospital’s operating theatres, manage the theatre staff and monitor patient care in the theatres.…

27 Aug 2024

By Ashersons Attorneys

Sibling Showdown: How One Missing Word in a Will Divided a Family

“From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a poorly-drafted will confirms once again that when it comes to important documents (and it doesn’t get more important than your will!), every word counts. The joint will and the “30-day survivor” clause In their joint will, a wealthy couple had left everything to each other. When the husband died, his wife inherited their whole joint estate. Things started to come unstuck when she was then found to be unable…

27 Aug 2024

By Ashersons Attorneys

When Can You Legally Record Conversations?

“Big Brother is watching you.” (George Orwell) Your smartphone lets you record just about anything, anywhere, and at any time. Your laptop and other devices can automatically record online meetings. Technology enabling voice and/or video recording is all-pervasive, providing us all with a powerful tool for keeping accurate records, resolving disputes and gathering evidence. But it’s crucial to understand when it’s legal to start recording – and when it’s not… Whether you’re talking face-to-face, over the phone, or via digital platforms like WhatsApp, Zoom, Slack, or Teams. The law: What’s allowed & what’s not The legal framework for recording conversations…

27 Aug 2024

By Ashersons Attorneys

Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

“This sale agreement is no more! It has ceased to be! This is an EX-sale!” (With apologies to Monty Python) A “bond clause” – standard in most property sale agreements – typically provides that the whole sale depends on the buyer obtaining a mortgage bond by a specified date. If the deadline comes and goes without a bond being granted, the sale lapses and the buyer is entitled to get their deposit back. Most agreements also provide that the bond clause is there for the sole benefit of the buyer, who is thus entitled to waive it, i.e. to tell…

27 Aug 2024

By Ashersons Attorneys

Divorce and the New Three-Pot System: Another Risk To Manage

“Divorce is the one human tragedy that reduces everything to cash.” (Rita Mae Brown) How will the new “Three-Pot Retirement System” (often referred to as a “Two-Pot System”) affect financial arrangements on divorce? Retirement savings can amount to a significant portion of a marriage’s assets, so it’s important to understand the implications of the new system. First, a quick refresher Have a look at our graphic below for a neat summary of the three “pots” and what they’re all about. The “Vested Pot”: This will hold most of your existing (as at 1 September 2024) retirement investments, and the current regulations…