Entries by Brevity Law

Are Loop Structures “Still A Thing”?

For years, many of our South African clients raising capital have struggled to attract investment from offshore.  It is a familiar story. Investors are willing to bet on South African companies. However, they would prefer to do it via an offshore holding company. This would typically be in an investment friendly jurisdiction with which they […]

Before You Buy or Sell Property this Festive Season…

“Who acts in haste repents at leisure” (Aesop) Our Festive Season is always a busy time for property sales, and this year should be no different – pent up demand, increased affordability, relocations, record low interest rates and availability of bonds are all factors likely to drive a busy property market for at least the […]

What Must You Prove to Remove a Trustee?

“…where there is disharmony, the essential test is whether it imperils the Trust estate or its proper administration” (extract from judgment below) Trustees are of course supposed to work together to protect and further the interests of their trust and its beneficiaries, but the fact is that on occasion serious disputes can and do arise. […]

Grandparents – When Must You Pay Maintenance?

“An inability on the part of the parents to maintain a child must be established before a grandparent will be legally liable to do so” (extract from judgment below) One wonders how many grandparents are aware of (let alone plan for) the possibility that they may have a legal duty to support their grandchildren in […]

Cannabis in the Workplace: Can You Dismiss?

A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of media attention. Unfortunately, some of the resultant articles and headlines may have given the inaccurate impression that employees are now free to report […]

Parking Bay Disputes – Enforcing Complex Rules

“By subscribing to the constitution, each member accepts the benefits stipulated in his or her favour by the other subscribing members.  One of those benefits is that there shall be rules of conduct to give substance to the objectives and rights promised and conferred by the constitution … and that the other members will be […]

Collecting Maintenance in Hard Times – Threaten Jail Time

“Compliance with court orders is always important. There is a particular scourge in this country of spouses, particularly husbands, failing to pay judicially ordered maintenance” (extract from second judgment below) Getting money out of serial maintenance defaulters is a notoriously difficult exercise, but even the most recalcitrant and cunning dodger will baulk at the prospect […]