A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction.
A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.
A dementia diagnosis affects far more than memory. As mental capacity declines, families are often confronted with difficult legal and financial decisions. Many are surprised to learn that a Power of Attorney may no longer be valid.
Understanding the alternatives can help protect a loved one’s affairs before a crisis develops. Read on for the low-down.
“All’s fair in love and war, but not in business.” (Modern twist on the old proverb) Your business is flying after years of hard work and personal sacrifice. Suddenly, your most trusted…
Trusts remain a valuable estate planning and asset protection tool, but they also carry ongoing compliance obligations. Many trustees assume that a dormant trust with no income, assets, or activity can simply be left alone.
SARS has made it clear that inactivity does not remove a trust’s compliance obligations. With penalties now being imposed for outstanding trust returns, dormant trusts may be attracting more attention than their trustees realise.
The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.
A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.
Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?
A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.
Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.
Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act.
If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000 loan to have been “reckless lending”, leaving the lender (a family trust) to write off the bulk of its loan, lose a decade’s worth of interest, cancel its security bond over a house, and pay legal costs. Why did that happen and how can you, as a lender, avoid the same fate?
It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.
The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level. We’ll end by sharing some thoughts on how you can manage those risks.
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