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Couzyn, Hertzog & Horak | Experienced Attorneys in Pretoria

Think before you sign: 5 things to consider before signing a contract

The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There will be no agreement between the parties if there is a counteroffer to an offer. However, if a counteroffer is accepted, there is an agreement or consensus between the […]

Talem qualem: Take the victim as you find him

Legal causation can be distinguished from factual causation. Factual causation can be described as answering the question of whether the conduct of a wrongdoer caused the harm suffered by the plaintiff. The test for factual causation is found in the phrase “sine qua non” meaning “but for the conduct” the harm would not have been there. […]

Lost your original title deed? What do you do?

Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of  Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]

I’ve been pulled over by the police, what are my rights?

Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit motorists who do not know their rights and in other situations, it’s one in which drivers receive a go-to jail card for non-compliance with a police official’s instructions. It […]

Grandparents’ rights over their grandchildren

There can be no doubt that grandparents, more often than not, are intimately involved in their grandchildren’s lives and upbringing, and they provide care. But what happens when they are denied access to and contact with their grandchildren? Despite the generally recognised importance of the role grandparents play in the lives of many children, not […]

Hey, Generation Y and Generation Z!

Do you think you can retire comfortably? Millions of South Africans rely on the money saved in their employers’ retirement fund to earn an income when they retire.  For many people, this is their only formal savings for retirement. Unfortunately, too often, this money is still not enough to sustain them in retirement. Being a […]

Distributing retirement fund death benefits

Step 1: Identifying and tracing dependents Section 37C of the Pension Funds Act places a clear and onerous duty on the board of trustees to determine the fair and equitable distribution of death benefits of fund members.  The first step is to find and identify dependants. This article provides an overview of the different types […]

What to do after discovering fraud in your business

Anyone who’s ever had the misfortune to fall prey to credit card fraud, knows that it’s a huge hassle. If you’re running a business, you should be aware that your business may be at an even greater risk of having its financial data compromised, which can have much more serious implications compared to that of […]

Home office expenditure

Taxpayers who are salaried employees have limited deductions available to them. However, home office expenditure can be claimed as an income tax deduction, but the onus is on the taxpayer to prove that the expenses are in fact deductible. For employment to constitute a “trade” and to qualify to deduct home office expenditure, the taxpayer […]

How a data-driven culture can transform your business

In today’s digital era, data has become an essential resource for businesses to grow and thrive in a competitive market. But not all companies are taking advantage of this opportunity. In fact, many organisations are still struggling to understand how they can benefit from their data assets and use them effectively to improve their performance. […]