Details of changes to the Ddomestic Violence Amendment Act
“In a country with the most progressive of constitutions, which promises equality and dignity for all, the women and children of South Africa continue to live in fear of violence every day”. These were the words of President Cyril Ramaphosa in his speech at the Dialog on Gender-Based Violence in November 2020. The president expressed […]
Correction of an assessment: Section 93
As portrayed in the Tax Administration Act No 28 of 2011 (TAA), the dispute resolution rules lay out the legal framework to be followed by both the taxpayer and the South African Revenue Service (SARS) to resolve disputes. Section 93 of the TAA lists a number of circumstances under which SARS can reduce a taxpayer’s […]
The employer’s responsibility in workplace harassment
This article will briefly discuss the common law option available to employees who are exposed to a form of discrimination in the workplace, specifically sexual harassment and the employer’s failure to adequately address the issue. The focus of the discussion will be on a recent High Court case, Phil-Ann Erasmus v Dr Beyers Naude Local […]
What you should know about the new Property Practitioners Act
The long-awaited Property Practitioners Act finally came into effect this year and brings with it significant changes to the real estate industry. The Act takes a more consumer-focused approach and is premised on the need for transformation in the property sector. Property practitioners The Act has widened its scope of application by consolidating all role […]
Immovable property ownership and spouses
INTRODUCTION When does a spouse who is entitled to receive a half share in immovable property become the owner of that half share? Does the real right in respect of half share in immovable property vest immediately upon granting of a divorce decree or does a spouse acquire personal right to claim formal transfer in […]
Transfer duty. no surprises. part I
Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way of a transaction or in any other way, or on the amount by which the value of any property is enhanced by the renunciation of an interest or restriction […]
Private prosecution: Is justice attainable even if the state fails us?
Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to prosecute persons who have allegedly committed a criminal offence. The Criminal Procedure Act (“the CPA”), however, contains two sections that can be relied on to bypass the NPA, by […]
Avoid the “chase” following the purchase of a business
When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business you intend to acquire to make sure that no unpleasant surprises await you after the fact. Notwithstanding the obvious research about the good name, the turnover, the customer base, […]
The difference between registered and unregistered trade marks
We’ve all seen those little subscripted trade mark symbols, the tiny ® and ™, next to the brand names and logos we’ve come to welcome into our daily lives. But why are there two symbols where a single one could work? The answer is a lot simpler than you may think. Creating something unique takes […]
Selling a property with defects: What you need to know
The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair the roof or the Purchaser, as the new owner? To understand which party is liable, one must appreciate the difference […]