January 2023

Neighbours Behaving Badly: Illegal Buildings and Demolition Orders
, Litigation, Property

Neighbours Behaving Badly: Illegal Buildings and Demolition Orders

“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures…

Suing a Degree-Forging Employee for R2.2m
, Uncategorized

Suing a Degree-Forging Employee for R2.2m

“Oh, what a tangled web we weave when first we practice to deceive” (Sir Walter Scott, quoted in the judgment below) It’s a sad fact of life in today’s business world that…

Tell All Your Creditors When You Change Address! The Case of the Summons Served on a Complex Security Guard
, Uncategorized

Tell All Your Creditors When You Change Address! The Case of the Summons Served on a Complex Security Guard

“In my view, given the difficulties of a sheriff or his deputy accessing a security complex in the absence of the occupant for the purposes of service in terms of rule 4,…

Check All Emailed Bank Details for BEC (“Business Email Compromise”) Frauds
, Uncategorized

Check All Emailed Bank Details for BEC (“Business Email Compromise”) Frauds

“…sending bank details by email is inherently dangerous, and so must either be avoided in favour of, for example, a secure portal or it must be accompanied by other precautionary measures like…

Budget 2023: The Minister of Finance Wants to Hear from You!
, Uncategorized

Budget 2023: The Minister of Finance Wants to Hear from You!

“Finally, we pay tribute to the millions of South Africans, whose resilience and courage during these times of pandemic and economic hardship, is an inspiration to all of us who have the…

New Year, New Business – How to Pick the Right Legal Entity for It
, Uncategorized

New Year, New Business – How to Pick the Right Legal Entity for It

 “Owning one’s own business is an adventure – enjoy it every step of the way.” (From the SME Toolkit article referenced below) First, three questions to ask yourself… If you dream of…

When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?
, Uncategorized

When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?

“A kustingbrief … has long been recognised as a superior front-ranking form of security.” (Extract from judgment referred to in the article) You accept a great offer on your property, the sale…

Living Wills: 6 Myths Busted
, Uncategorized

Living Wills: 6 Myths Busted

Health issues and mortality are facts of life, no matter how remote they may seem at the moment, nor how distressing they are to contemplate. For your family’s sake as well as…

“Double Jeopardy” for Tax Evasion – Penalties plus Prosecution
, Uncategorized

“Double Jeopardy” for Tax Evasion – Penalties plus Prosecution

“Administrative penalties and criminal proceedings do not serve the same purpose. The [one] is aimed at strengthening internal controls of the administrative authority and to promote compliance while the other is aimed…

Websites of the Month: Community Schemes – “CSOS Connect” Services Going Live
, Uncategorized

Websites of the Month: Community Schemes – “CSOS Connect” Services Going Live

If you are in a Community Scheme such as a Sectional Title development or a residential complex with a Homeowners Association (HOA), keep an eye on the “Shared Living” magazine from the…