Recent Industry Articles

“Civilization is the progress toward a society of privacy” (Ayn Rand) “POPI” (the Protection of Personal Information Act) gives us important new protections against misuse of our “personal information” - widely defined to cover not just our names, identities and contact details, but also a wide spectrum of private information including things as diverse as race, religion, gender, sexual orientation, medical, financial and employment history etc.  It even extends to information relating to our “personal opinions, views or preferences”, other people’s opinions about us, and private or confidential correspondence.   (more…)

Property can be a great investment.  Just be sure to do your homework, and seek professional advice, before you buy. The R25 million damages claim Take for example a recent High Court case in which the auction buyer of a prime Camps Bay property claimed damages of R25m both from the seller and from the auctioneer.  Its R25m loss was, said the buyer (a company), caused by misrepresentations and non-disclosure which induced it to buy the property for a price of R44 million (R40m plus R4m auctioneer’s commission) – R25m more than the R19m it would otherwise have paid. (more…)

“With surety stronger than Achilles' arm” (Shakespeare)  Creditors of a company in business rescue can, per a recent High Court decision, still sue the sureties.  Although the company itself is protected from legal action by its creditors, there is no similar protection for sureties. The R16.6m claim, and the sureties’ defences fail (more…)

The “Silly Season” is upon us, and as always alcohol will play a big part in many of the festivities. But as a responsible employer what do you do about an employee who turns up for work drunk (or on drugs)? Apart from safety concerns (important in all businesses, absolutely critical in some), the mix of alcohol and employees is a toxic recipe for reduced productivity, poor work performance, absenteeism, loss of earnings, low staff morale, poor employee health, and bad public relations. (more…)

Both property sellers and estate agents need to know the downside of not recording, clearly and in writing, the exact circumstances in which a seller must pay commission to an agent. The agent’s claim: R500k To illustrate – in a case recently before the High Court, an agent claimed to have a verbal mandate from the seller of an industrial property to sell it for R5m.  The agent believed that if he found a buyer for R5,5m he would be paid the excess R500,000 as commission.  He duly found a buyer at R5,5m but the buyer and seller cut him…

With the introduction of the Electronic Communications and Transactions Act, Act No. 25 of 2002 ("the ECT Act") unsolicted emails now have a legal definition and must meet certain requirements. SPAM per se is not illegal in South Africa. However, if a sender fails to do one of three things she is guilty of an offence and liable on conviction to an unspecified fine, or a maximum of 12 months imprisonment. (more…)

“A bad neighbour is as great a calamity as a good one is a great advantage” (Hesiod, 700 BC) Bad neighbours have it seems been troubling us since at least the days of ancient Greece. If two and a half thousand years later you are unlucky enough to have one, and if the particular calamity visited upon you by said neighbour (loss of a sea view perhaps) results from his/her unlawful building operations, take heart. Our law has a strong and effective remedy for you - a demolition order. (more…)

“Keep your eyes wide open before marriage, half shut afterwards” (Benjamin Franklin) Whether or not you elect to follow the second part of Ben Franklin’s advice, be sure to follow the first - keep your eyes wide open when choosing which “marital regime” will apply to your marriage. (more…)

Every South African business will be affected by the pending new amendments to the B-BBEE (Broad Based Black Economic Empowerment) Act, and by the new Codes of Good Practice.  The benefits of complying are as great as the risks of not complying, so take advice in any doubt. (more…)

When you come to sell your house or other property, you have the right to nominate your own attorney to attend to the conveyancing for you. (more…)