Recent Industry Articles

You leave your precious car for a wax and polish at a car wash, and a thief steals it. Can you sue the car wash for the value of your car? A case in point In a matter recently before the Supreme Court of Appeal, a car owner had left his vehicle (keys inside) at a car wash, agreeing to collect it at lunchtime. However, alerted by a vehicle tracking company and police, the owner discovered that the car had been stolen. The car wash was clearly negligent - the car was parked in the street in a high-crime area,…

Our Constitution guarantees the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. The new Dangerous Weapons Act will hopefully make it easier for the police to protect the public from any breach of the “peacefully and unarmed” requirement. (more…)

As pointed out in one of our previous articles, a vital first step in planning your marriage is to choose which “marital regime” will apply to it (“in community of property”, “out of community of property with accrual” or “out of community of property without accrual”). But there’s more.  Another question is easily forgotten, namely what happens if either – You are getting married in another country, or One or both of you is not South African (or more correctly, is not “domiciled” in South Africa, your formal citizenship not being the issue here – see below). (more…)

The new Tax Ombudsman has set up office.  Here’s what you need to know about how he can help you – What the Ombud can do Resolve complaints against SARS relating to “service, procedural and administrative” matters – anything really amounting to poor service Report “systemic and emerging” service issues to the Minister of Finance. (more…)

"Golf is a game whose aim is to hit a very small ball into an even smaller hole, with weapons singularly ill-designed for the purpose” (Winston Churchill) Whether you are a keen golfer or not (Churchill seems to have been in the latter camp), and whatever your reasons for buying property, always keep this in mind - you are bound by the written sale agreement.  Consequently, never rely on any representations made to you unless they are written into the sale agreement – for almost a century, our law has been that a written contract is accepted as the sole…

Before you buy any business, its goodwill or its assets, take legal advice as to whether or not the sale must first be advertised in terms of the Insolvency Act. Bye-Bye Business If the Act requires the sale to be advertised and it isn’t, you risk losing everything – both the business and your purchase price.  Your risk is that if an unadvertised sale is challenged by a liquidator/trustee (or by a creditor if there is no liquidation/sequestration) within 6 months of the sale, it is likely to be declared void.  In that event, you will be lucky to get…

“The best time to buy a home is always five years ago” (Ray Brown) Whether or not 2014 lives up to the forecasts of accelerating strength in the property market, you need to know that your sale or purchase of land will be invalid unless it complies strictly with these legal requirements –  The sale must be recorded in a written agreement of sale, and The sale agreement must be signed by both seller and buyer, either personally or by an agent authorised in writing to sign on that party’s behalf. (more…)

Every business should understand both why it should protect its “IP” (intellectual property), and how to go about doing so. Why protect your IP? This part is easy.  Your whole business model is jeopardised if a competitor is able to – Copy your trading names, branding, inventions, creative works or designs Use your bright ideas, trade secrets and other confidential information or Entice away your staff who hold valuable intellectual property about your business in their minds. (more…)

Knowingly exposing another person to the risk of HIV infection amounts to attempted murder.  That it seems is the bottom line in a recent High Court decision, confirming on appeal a sentence of 6 years imprisonment imposed on a 32 year old HIV positive man who, with full knowledge of his status, nevertheless had unprotected sex with an HIV negative woman. (more…)

If you, a colleague, friend or relative are a victim of “domestic violence” (not just physical harm, the term also includes emotional, verbal and psychological abuse) turn to our law and to SAPS for help. Firstly, the Domestic Violence Act provides quick, easy and effective protection from abusers.  You can apply for a protection order at your local magistrate’s court, and that will be accompanied by a warrant authorising arrest of the perpetrator in the event of a breach of the order.  Note that this isn’t the same as laying a criminal charge, which you can do as well if…