Recent Industry Articles - Page 53 of 54 - Ashersons Attorneys

01 Aug 2013

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…)

01 Jul 2013

By Ashersons Attorneys

Bondholders – can your debtor delay liquidation?

Debtors faced with liquidation often ask their creditors for time to realise their assets “to best advantage” rather than by “forced sale”. But per a recent High Court decision, creditors are not obliged to wait. A property-owning company, defending itself against a liquidation application brought by the bondholder, was found to be “commercially insolvent” but nevertheless asked the Court to exercise its discretion to refuse the order “because the applicant is more than covered by abundant security in respect of its claim. Liquidation will simply result in the forced sale of assets which far exceed any claim that the applicant…

01 Jul 2013

By Ashersons Attorneys

Strike Violence – Trade Union in Trouble

“The time has come in our labour relations history that trade unions should be held accountable for the actions of their members. For too long trade unions have glibly washed their hands of the violent actions of their members.” (Labour Court) Our Constitution provides strong protections for the right to strike, and it is thus extremely easy to go on a protected strike. But this right is subject to the limitation that strike action must always be peaceful and unarmed. (more…)

01 Jul 2013

By Ashersons Attorneys

Minority Shareholders: Your protection from Oppression

How do you as a minority shareholder protect yourself from abuse of position by directors who were voted in by the majority shareholders? You can’t vote them out of office, nor can you control voting at shareholder meetings. Our law comes to your rescue here, allowing any shareholder or director to apply to court for relief against any conduct by a company, its directors or other controlling officers/entities, that is “oppressive” or “unfairly prejudicial”, or that “unfairly disregards” your interests. Note that the motive for the conduct in question is irrelevant - what counts is the effect that it has…

01 Jul 2013

By Ashersons Attorneys

Owners association levies – “no benefit, no pay”?

No way! As a member of an Owners Association (“Home Owners Association” if it’s a residential property development), you have almost certainly contracted in your purchase agreement to pay all levies raised by the Association, regardless of whether or not you actually benefit from being part of the development. (more…)

01 Jul 2013

By Ashersons Attorneys

Insurance: The risk of not Reporting

Having your insurance claim repudiated is particularly galling if you’ve been meticulously paying out hefty premiums for years. But take care to comply strictly with all the terms and conditions of your policy contract - not doing so can cost you dearly. R600k down for not reporting Take for example the recent and widely-reported case of a motorist down R608 772 (plus interest and legal costs) after the High Court upheld his insurance company’s repudiation of a claim for accident damage to his Audi R8 Quattro. His mistake? He had failed to advise them of two previous accidents. (more…)

01 Jun 2013

By Ashersons Attorneys

Paying tax by cheque – Think TWICE!

Of course you must pay SARS its dues, but think twice before doing so by cheque. A recent High Court case illustrates the danger. (more…)

01 Jun 2013

By Ashersons Attorneys

Plagued by a stalker? Harassed? Fight back!

If you or your family are being harassed or stalked in any way, the new ‘Protection from Harassment Act’ has just handed you a new remedy. The Act promises quick, easy and affordable protection for your rights via an application to your local magistrates court for a “protection order” requiring the harasser to stop his/her unlawful behaviour immediately. The Act has teeth - a harasser who breaches a protection order faces immediate arrest and prosecution (with a penalty of a fine or up to 5 years’ imprisonment). (more…)

01 Jun 2013

By Ashersons Attorneys

Workplace Discrimination: Lessons From The Dreadlock Dismissals Case

Employers: Be aware of the wide ramifications of the recent “Dreadlocked Warders” decision by the Supreme Court of Appeal. Briefly, the Court ordered the reinstatement of prison warders dismissed for refusing to cut off their dreadlocks when ordered to do so in terms of the Correctional Services Dress Code applicable to them. The Court accepted that the Rastafari and Xhosa officers in question had worn their dreadlocks “as a ritual in observance of their sincerely held religious and cultural beliefs”. (more…)

01 Jun 2013

By Ashersons Attorneys

New rules – Who reports your Income to the Taxman?

“Third party reporting enables income tax returns to be pre-populated and helps SARS to verify accuracy of taxpayers’ disclosures.” Be aware that SARS has a new information stream which it will use to cross-reference to information you supply, to pre-populate your tax returns, and (presumably) to check generally for compliance and for completeness of taxpayer registration. A new Tax Administration Act Notice requires automatic bi-annual returns from banks, JSE listed companies, medical schemes and a variety of other persons and institutions in respect of a wide range of transactions, contributions and pay-outs including those relating to RAs, life policies, medical…