Insights

Legal implications of holding multiple full-time jobs

Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (JR164/20) [2023] ZALCJHB 319 (3 November 2023) A recent ruling by the Labour Court held that an employee violated her fiduciary duty to her employer by not disclosing her concurrent...

Can a Body Corporate be compelled to issue a clearance certificate?

CAN A BODY CORPORATE BE COMPELLED TO ISSUE A CLEARANCE CERTIFICATE FOR PROPERTY SOLD IN EXECUTION, PENDING LITIGATION, AGAINST THE PURCHASER FOR RECOVERY OF ARREAR AMOUNTS? Embargo Provision in terms of s 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 Buying...

When parties have reached a compromise, based on an unlawful credit agreement, can that compromise be enforced?

It sometimes happens that, when money has been borrowed, the transaction doesn’t pan out as expected and the parties have to reach a compromise.  For an example, the parties might agree that a reduced lump sum need only to be repaid, or that a lowered interest rate...
Landmark Ruling regarding the Divorce Act

Landmark Ruling regarding the Divorce Act

On 10 October 2023 the Constitutional Court of South Africa delivered a groundbreaking ruling regarding certain sections of the Divorce Act. In its judgment the Constitutional Court declared that paragraph (a) of subsection 7(3) of the Divorce Act 70 of 1979 (Divorce...

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Tax incentive for rooftop solar panels

Tax incentive for rooftop solar panels

The Minister of Finance, Enoch Gondongwana, in the 2023 national budget speech, announced the draft Taxation Laws Amendment Bill (TLAB), to give effect to certain renewable energy tax incentives. This initiative is not only aimed at households investing in clean...

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Sexual misconduct in schools

Sexual misconduct in schools

Sexual misconduct in schools, when can an educator’s habit of regularly giving his learners ‘high-fives,’ handshakes, and hugs be said to have crossed the boundaries of Educator and learner relationship? The Labour Court was recently called to adjudicate on the in...

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Cybercrime in the Conveyancing sphere

Cybercrime in the Conveyancing sphere

Conveyancing firms are steadily becoming targets of cyber crime due to large sums of money that is involved in property transactions. Most of the correspondence exchanged between conveyancing firms and clients are also by way of electronic communication which makes it...

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