The JBCC principal agent – powers and duties

The JBCC agreements have overwhelmed the South African construction industry, becoming required for contracts with the state and fast becoming the preferred contract suite for major and minor works throughout

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Lien on me – a look into the builder’s lien and contractor’s rights

A contractor has a common law right to exercise what is commonly referred to as a “builder’s lien” over property of his employer, as security for payment for work carried

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Challenge the fairness of a retrenchment process using section 189A(13)

The Covid-19 pandemic brought about strict regulations and directives that restricted the travel and everyday operations of various companies in South Africa. This forced companies to develop a new business

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Threshold amendments mean sparks for independent power producers

Written by Raffaella Migliore As a result of the national utility company generating insufficient electricity to meet demand from increasingly aging infrastructure, South Africa has experienced 15 years of chronic

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The on-line renewal of registrations for the manufacture and/or distribution of liquor in terms of the Liquor Act 59 of 2003

Written by Solly Epstein I stand in awe of present-day technological advances. This is understandable, considering I was admitted as an attorney in June 1968. At the time I commenced

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Since it is the month of Valentine’s, let’s talk about making a move

Written by Isabella Black INTRODUCTION There may be an instance where a claim was incorrectly calculated and, as such, the court in which the claim was originally brought no longer

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The rise of virtual litigation, courtesy of COVID-19

Written by Michael Owen The cogs of South Africa’s judicial system have remained untouched for decades, failing to stay abreast with modernity, and doing so at its own peril. However,

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To perform or not to perform: The doctrine of supervening impossibility during COVID-19

Written by Daniel Marcus As South Africa moves out of its 3rd Covid-19 wave and lockdown regulations remain in force, questions continue to be raised by individuals as to the

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Being under the assumption that a lease agreement is due to terminate albeit prematurely; Can the status quo of the lease agreement be restored?

Written by Darren Swartz It often happens where both parties to a contract incorrectly interpret a term, or err under a mistaken assumption, for example that a lease agreement is

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What is an incidental credit agreement?

The current economic climate has seen an increase in financial debt, with a large number of consumers being unable to meet their payment obligations to inter alia suppliers and/or lenders.

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The law of subrogation: In who’s name should the insurer litigate?

Following English law, South African Law recognises the right of an insurer to step into the shoes of its insured in proceedings against third parties who are liable for damages

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The execution of a Notarial Cession of Exclusive Use Area in the presence of a Notary Public

A Notary Public is an admitted attorney who has passed the competency examination for Notarial Practice and is recognised as a Notary Public by the High Court of South Africa.

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Understanding notarial tie agreements

A Notarial Tie Agreement is a notarial deed entered into by two or more parties, in terms of which a condition is registered against the title deeds of the relevant

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Deceased estate property transfer: Inheriting vs purchasing

Covid has changed our reality.  We find ourselves facing unexpected and often unimaginable obstacles. Having to wind up a loved one’s estate is one such obstacle many have been confronted

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Know when to (sub)divide and conquer or sectionalise

As the demand for housing increases and the supply of suitable available land decreases, property owners who have large properties and unused space have an opportunity to capitalize on their

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Decoding the definition of cryptocurrency in South Africa

The definition of cryptocurrency It’s no secret that cryptocurrency has taken the world by storm, with investors around the globe trying their hand at trading the virtual currencies. One of

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Revisiting the principle of force majeure in lease agreements given the recent unrest in South Africa

Along with the Covid-19 third wave and the associated harder lockdown restrictions, the shocking recent events in South Africa, namely, the violent looting and unrest during July, have undoubtedly forced

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The importance of liquidation amid COVID-19

Written by: Nadia Gava COVID-19 has had a devastating impact on South African businesses, leaving many with no option but to liquidate. Liquidation is a last resort for a company

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Business Rescue in South Africa’s construction industry during the COVID-19 pandemic

Written by: Michael Owen While South Africa’s construction industry showed a glimpse of its full potential during the run-up to the 2010 Soccer World Cup, there has been a shortage

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Possession is not 9/10s of the law

Written by: Miles Manning A fundamental cornerstone of the rule of law is that no person may take the law into their own hands. Following this doctrine, if anyone takes

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How to claim your unpaid salary

Written by: Katleho Leeuw During 2020, under the strict Lockdown conditions, businesses were left unable to operate at normal capacity, which resulted in an increase in unemployment and unpaid wages

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Lie detectors and labour law

Written by:  Cornel van der Westhuizen Employers seeking clues as to the possible misconduct of their employees have often resorted to polygraph testing. These tests may provide some insight into

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Should I put my trust (and assets) in a trust?

The core idea of a trust is the separation of ownership (or control) from enjoyment. A trust is, by definition, a legal entity in which a person known as a

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The 101: Bond cancellation

Are you considering cancelling your mortgage bond or settling the outstanding amount due in respect thereof? Bear in mind, there is a difference between the two. When you “settle a

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Can I find relief while my divorce is still ongoing?

Is your divorce taking a long time to finalise? Do you have no form of income? Fortunately, in these circumstances the law provides the Rule 43 application as a simplified,

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I can’t afford legal fees, is there another way?

As a litigator or a private third party, we are aware of the vast differences between Civil litigation and Commercial litigation, these differences include the involvement of businesses rather than

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Staying in the Loop

Have you managed to stay in the loop? Long-standing restrictions on “loop” structures have been lifted following the release of Exchange Control Circular No. 1/2021 by the South African Reserve

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We’ll see you in Mediation

The wheels of justice turn, albeit not as quickly as some would prefer. Section 34 of the Constitution provides that everyone has the right to have any dispute that can

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Notarial Practice – Seal the deal (literally) and make it official

You’ve finally asked your partner to marry you and the answer was “YES!” but have you done your research on the matrimonial property regimes in South Africa? There are three

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Notarial Practice in a nutshell

What is a Notary Public? A Notary Public, commonly referred to as a Notary, is an attorney admitted and authorised by the High Court of South Africa after having written

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Cybercrime – Be aware !!

Due to the attractively large sums of money involved in property transactions, conveyancing attorneys and clients alike are becoming popular targets for cybercriminals and scammers. The increasing volume of communication

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Compliance certificates: How necessary are they when selling a property?

It is common knowledge that purchasers incur a number of expenses when buying a property, however, sellers should be mindful of their legal obligations when selling their properties too. One

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When the liquidator comes knocking

Here is the scenario, you render services for company X, company X receives the service and makes payment. Happy days, the business has some money in the bank and now

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Is business rescue a remedy for companies struggling due to COVID 19?

“The rescue of a business preserves jobs, provides creditors with a greater return based on higher going concern values of the enterprise, potentially produces a return for owners and obtains

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The importance of a consolidated Covid-19 policy in the workplace

The relief experienced following the president’s announcement that the country would move to Alert level-2 was greeted with great excitement; many immediately ensured the necessary arrangements were made with relatives

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Arbitration agreements and their exceptions

Due to the high-pressure nature of the industry, construction projects often give rise to disputes. Resolving disputes in the Courts can be time-consuming and costly and this is, of course,

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Business interruption: The battle of the insured v the insurer

In times as challenging as these, no business has been immune to the impacts of COVID-19 and the subsequent national lockdown. As in most instances of crises and subsequent losses,

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Is your workplace ready for POPI?

The Protection of Personal Information Act 4 of 2013 (POPI) is legislation that was introduced to encourage the protection of personal information which is processed by both public and private bodies.

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The risks of dying without a will (or a valid one at that)

The truth of the matter is the following: Not having a will (or a valid one) at the time of your passing will, in all likelihood, have very little impact

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Are you thinking of creating a will? Here is a quick read on some of the common wills.

A will is a binding legal document that an individual uses to direct how their estate is to be distributed upon death or set forth their wishes when one is

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Have you lost or destroyed your Title Deed? Here’s what all property owners should know

A title deed serves as proof of your legal ownership over a property. When one wants to transfer a property, this document is of utmost importance.Regulation 68 of the Deeds

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What to consider when attending to renovations on your property

When attending to any alterations, additions or construction work at your property, including the construction of a new building, the National Building Regulations and Building Standards Act 103 of 1977

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The Aftermath: Resignation of a director and the surviving fiduciary duties

A fiduciary duty is an obligation to act in the best interest of another party. For example, a company’s board member has a fiduciary duty to the company’s shareholders, a trustee has a fiduciary duty to the trust’s beneficiaries,

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The National Credit Amendment Bill proposes alternative relief to sequestration for persons who are insolvent

The National Credit Amendment Bill (the Bill) is set to become law after President Ramaphosa signed the Bill into our legislation in August 2019. The Bill reiterates the purpose of the National Credit Act namely, to promote and advance the social and economic welfare of South Africans;

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Defamation, crimen injuria & social media

Over the past two years, we have witnessed a global backlash against gender-based violence that has garnered a significant public following. It is difficult not to get involved in such

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Parents take heed – No more spanking in homes!

On 18 September 2019, the Constitutional Court upheld the judgment of the Gauteng High Court declaring the use of parental chastisement in homes unconstitutional. The judgment comes at a time

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What is business rescue?

What is business rescue? Business Rescue was introduced to South Africa through the Companies Act in 2008. It was aimed at finding a solution for companies in financial distress, returning

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Business Rescue proceedings? Surely, I’m covered with a surety!

Business Rescue proceedings? Surely, I’m covered with a surety! You have rendered efficient services to a company (“the company”) and now it’s time to send an invoice for your services.

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Understanding the Purchase of a Property in a New Sectional Title Development

Understanding the Purchase of a Property in a New Sectional Title Development For a Conveyancer, the process from the time of taking initial instructions from the Developer to negotiations of

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Subdivision What are the steps that need to be followed

Often in areas such as the Bo-Kaap, Woodstock and Salt River, houses were built in rows on one erf and even though they comprise a few semidetached houses, they are

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National Minimum Wage Act and Its Consequences

For most of us, the 1st of January 2019 followed a routine night of year-end festivities and marked the beginning of our newfound optimism for the year ahead. However, the

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Section 197: Transfer of a Business as a Going Concern: Does the baby get transferred with the bathwater?

CEO’s, corporate executives and employers alike proficiently handle section 197 business transfers with the utmost care, carrying out their due diligence with meticulous attention to detail. The company or business

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What is a Notary Public?

You may have often required the services of a Notary Public without understanding the role of the Notary.  The origin of the notarial office began before the Roman period. As

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Criminal liability: Common purpose, accomplice, and accessory after the fact

More than one person may be involved in the commission of a crime and there are various principles that find application in our law which determine how the law assigns

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HELP! My ex-husband refuses to pay child maintenance because my child has reached the age of 18. Is this legal?

Jane was divorced in 2014 when her son Jack was 13 years old. As part of her divorce settlement (divorce order), provision was made for the payment of child maintenance

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What happens when “I do” turns into “I don’t”?

People are very happy and excited when they hear wedding bells ringing, as a wedding is a cause for celebration. Often the planning for the occasion takes many months in

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