All 150
All 150 /Business 16 /Company / Corporate / Compliance 7 /Contract 4 /Credit Law 2 /Criminal Law / Crime 3 /Debt Recovery 3 /Delict and Civil Claims 7 /Economy 0 /Employment and Labour Law 21 /Family Law 16 /General Interest 9 /Information Technology Law / Cyberlaw 3 /Insolvency / Liquidation 4 /Litigation 4 /News 24 /Personal Finance 3 /Property 36 /Tax 0 /Trusts 1 /Uncategorized 2 /Website of the Month 25 /Wills and Estate Planning 9

The “Great Resignation” is Upon Us – Know the Law!
“Signs of the "Great Resignation" are rippling across South…
26 May 2022/by Brevity Law
Landlords: Zoning Law Contravention Could Invalidate Your Lease
“…it is a general rule that a contract impliedly prohibited…
26 May 2022/by Brevity Law
New Ruling on Divorce Assets: How Does it Affect You?
“…the inequality at hand is caused when, after the conclusion…
26 May 2022/by Brevity Law
Tax Freedom Day 2022: The Day We Stopped Working for Government
“Taxpayer: One who doesn’t have to pass a civil service…
26 May 2022/by Brevity Law
Website of the Month: Are Your Passwords in the Green?
We all know how vital it is to use strong passwords online,…
26 May 2022/by Brevity Law
Property Owners: Your Rates Could Quadruple for Unauthorised Land Use
“The said penalty … was imposed due to the fact that…
25 Apr 2022/by Brevity Law
Workplace Harassment: The New Code in a Nutshell
“The criterion that harassment involves unwanted conduct distinguishes…
25 Apr 2022/by Brevity Law
Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!
“A Legacy Letter is a way for you to share your values,…
25 Apr 2022/by Brevity Law
Beware The Badly Worded Bond Clause!
“The terms of the contract are the decisive criterion by…
25 Apr 2022/by Brevity Law
Website of the Month: 3 Things the Most Productive People Do Every Day
“Here’s how to expand your mind’s abilities to get…
25 Apr 2022/by Brevity Law
Property Owner and Body Corporate Liable After Child’s Electrocution?
A recent High Court decision saw both a sectional title unit…
28 Mar 2022/by Brevity Law
Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!
“Death is not the end. There remains the litigation over…
28 Mar 2022/by Brevity Law
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?
"Where one of the parties wishes to be absolved either wholly…
28 Mar 2022/by Brevity Law
What Can You Do When Someone Close to You Has No Control Over Their Spending?
“A prodigal is a person who, through some defect of character…
28 Mar 2022/by Brevity Law
Your Website of the Month: The 9 Key Points of Making a Difficult Decision
“Avoiding a decision is itself a decision … probably…
28 Mar 2022/by Brevity Law
3 Steps to Buying Your First House
“Happiness is… buying your first home” (Anon)
Few things…
23 Feb 2022/by Brevity LawFew things…

Fired For Moonlighting
“She failed to disclose these obviously material activities…
23 Feb 2022/by Brevity Law
Effective 1 March 2022: New Earnings Threshold and National Minimum Wage
Employers and employees need to keep an eye on the annual increases…
23 Feb 2022/by Brevity Law
Debtor Not Paying? Consider a Liquidation Application
“When debtors once have borrowed all we have to lend,…
23 Feb 2022/by Brevity Law
Your Website of the Month: How to Avoid Falling Victim to a “Tinder Swindler”
“But love is blind, and lovers cannot see” (Shakespeare)
Note:…
23 Feb 2022/by Brevity LawNote:…

How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February
“… a property is an asset to enhance economic activity,…
26 Jan 2022/by Brevity Law
Why Life Partners Still Need Cohabitation Agreements and Wills
“Census data of 2016 reveals that approximately 3.2 million…
26 Jan 2022/by Brevity Law
When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?
“This is dishonest conduct of a kind which clearly negatively…
26 Jan 2022/by Brevity Law
Using the New Cybercrimes Act to Protect Yourself
“…cybercrime has increased by over 300% during the COVID-19…
26 Jan 2022/by Brevity Law
Budget 2022: The Minister of Finance Wants to Hear from You!
Finance Minister Enoch Godongwana has invited the public to share…
26 Jan 2022/by Brevity Law
Your Website of the Month: How to Smash Your Goals in 2022 (Even If It Is Already February)
“New Year’s Resolutions” are notoriously easy to make…
26 Jan 2022/by Brevity Law
Can Your Tenant Claim a Lockdown Rental Remission?
“It would thus be prudent that a commercial lease agreement…
05 Jan 2022/by Brevity Law
Directors at War: Terminating Email Access
“All is fair in love and war…and business is war.”…
04 Jan 2022/by Brevity Law
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
Even if your marriage is collapsing around you, you might…
04 Jan 2022/by Brevity Law
A Victim of Sexual Harassment Must Report It “Immediately”
“…sexual harassment is a heinous and horrendous conduct…
04 Jan 2022/by Brevity Law
Your Website of the Month: How to Cope with Pandemic Stress as A Small Business Owner
Being an entrepreneur can be hugely rewarding, but it comes…
04 Jan 2022/by Brevity Law
Selling Your Home: How to be Lucky this Holiday Season
“Luck is what happens when preparation meets opportunity”…
26 Nov 2021/by Brevity Law
When Can a Shop Be Sued for Damages If a Customer Falls?
“… it is by now long established in our law that the owner…
26 Nov 2021/by Brevity Law
Don’t Let Delays in the Master’s Office Leave Your Family in Financial Distress
“Someone’s sitting in the shade today because someone planted…
26 Nov 2021/by Brevity Law
PAIA Manuals and the 31 December 2021 Deadline: Crying Wolf Again, or Real This Time?
“A man who procrastinates in his choosing will inevitably…
26 Nov 2021/by Brevity Law
Your Website of the Month: How to Find and Remove Spyware from Your Cellphone
Our cellphones have, for most of us, become integrated into…
26 Nov 2021/by Brevity Law
Community Scheme Disputes and the Ombud’s Powers to Resolve Them
“[The Ombud} has been given wide inquisitorial powers whereby…
27 Oct 2021/by Brevity Law
Fired for a Racist Facebook Post
“The seriousness and gravity of offences involving racism…
27 Oct 2021/by Brevity Law
Exemption Clauses in Contracts – Fine Print Can Void Them
“… he did not think that he was binding himself 'to all…
27 Oct 2021/by Brevity Law
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices
“Whilst the Act no longer uses the term “illegitimate child”…
27 Oct 2021/by Brevity Law
Your Website of the Month: New – How to Renew Your Car Licence Disc Online
Here’s some really good news for all of us motorists dreading…
27 Oct 2021/by Brevity Law
Property Sellers: Why, How and When to Choose Your Own Conveyancer
“A great deal is at stake in the transfer of fixed property.…
27 Sep 2021/by Brevity Law
South Africans – Don’t Lose Your Own Citizenship When You Apply for Another!
“… it cannot be said as the applicant suggests that the…
27 Sep 2021/by Brevity Law
Employers – Walking the “Compulsory Covid-19 Jab” Tightrope
“Employers should find a reasonable resolution that accommodates…
27 Sep 2021/by Brevity Law
What SARS Says About Crypto Assets and Tax
“The future of money is digital currency” (Bill Gates)
If…
27 Sep 2021/by Brevity LawIf…

Your Website of the Month: The Best Age to Launch a Successful Startup Is…
The Companies and Intellectual Property Commission reports (see…
27 Sep 2021/by Brevity Law
Estate Planning and Wills: A Checklist to Protect Your Family
“Don’t fear death, plan for it” (Anon)
Amazingly, here…
26 Aug 2021/by Brevity LawAmazingly, here…

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test
“PIE recognises that in appropriate circumstances the right…
26 Aug 2021/by Brevity Law
A Million Rand Warning: Act When Employees Reach Retirement Age
“Retirement is for people who don’t like their jobs” (Paul…
26 Aug 2021/by Brevity Law
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!
“Consequential Loss: This is loss not directly caused by the…
26 Aug 2021/by Brevity Law
Your Website of the Month: Start a New Business Fast and Lean
The COVID-19 pandemic has closed many doors, but it has also…
26 Aug 2021/by Brevity Law
THE 8 CONDITIONS FOR THE PROCESSING OF PERSONAL INFORMATION: PART III
Addressing compliance with the Protection of Personal Information…
03 Aug 2021/by Office Admin
Employee Looting and Strike Violence: When Is Dismissal Fair?
Employee looting and/or violence can take place during strike…
27 Jul 2021/by Brevity Law
Violence and Looting – Can You Sue SAPS?
“When a crime is imminent and foreseen it is expected of the…
27 Jul 2021/by Brevity Law
Noisy Neighbours – Your Rights, and Buyers Beware!
“In common law, everyone is in general permitted to use their…
27 Jul 2021/by Brevity Law
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?
“Creditors have better memories than debtors” (Benjamin…
27 Jul 2021/by Brevity Law
Your Websites of the Month: Measure and Maximise Your Business Creativity
“Creativity is the key to success” (Abdul Kalam)
It’s…
27 Jul 2021/by Brevity LawIt’s…

Buying Property from a Company – Should You Buy the Shares or the House?
"There is never a wrong time to buy the right home" (Anon) …
28 Jun 2021/by Brevity Law
Spousal Maintenance After Divorce and the “Clean Break” Principle
“The clean break principle after divorce has found resonance…
28 Jun 2021/by Brevity Law
R4m Damages for a Workplace Sexual Assault
“The stance adopted by the Municipality at the trial demonstrated…
28 Jun 2021/by Brevity Law
Bodies Corporate: Before You Sequestrate to Recover Arrears…
“Bankruptcy - a fate worse than debt” (Anon)
One of a…
28 Jun 2021/by Brevity LawOne of a…

Your Website of the Month: How to Plan and Hold Virtual Board Meetings
Virtual meetings are here to stay. Make the most of them with…
28 Jun 2021/by Brevity Law
11 POPIA Questions to Ask Yourself Before 30 June 2021
Note: This is a complex topic and there is no substitute for…
27 May 2021/by Brevity Law
When Bond Clauses Sink Sales
“Before anything else, preparation is the key to success”…
27 May 2021/by Brevity Law
Dismissed: The Butcher Who Went to Work With COVID-19
“The facts of this case are indeed extraordinary. They are…
27 May 2021/by Brevity Law
Can You Change Your Marital Regime After Marriage?
“A journey is like marriage. The certain way to be wrong is…
27 May 2021/by Brevity Law
Your Website of the Month: Teamwork Tips from My Octopus Teacher
“So, you thought that My Octopus Teacher was there to teach…
27 May 2021/by Brevity Law
The 8 Conditions for the Processing of Personal Information: Part II
The deadline for full compliance with the Protection of Personal…
12 May 2021/by Office Admin
Landlord Liable for a Tragic “Freak” Flood Drowning
“Nature has the ability to spring a surprise when least expected”…
25 Apr 2021/by Brevity Law
Employers: Beware the “Casual Worker” Myth!
Employees in South Africa enjoy strong protections under a raft…
25 Apr 2021/by Brevity Law
Companies: Are Restraints of Trade Valid in a Time of Covid?
“For him to be forced out of a career of choice to start working…
25 Apr 2021/by Brevity Law
Extended: The Rights of Grieving Parents to Choose Burial After Pregnancy Loss
Expectant parents who lose a pregnancy before 26 weeks (the…
25 Apr 2021/by Brevity Law
Your Website of the Month: Protecting Yourself and Your Business in Flu Season 2021
Flu season is upon us again, and it is not to be underestimated…
25 Apr 2021/by Brevity Law
The 8 Conditions for the Processing of Personal Information: Part I
The deadline for full compliance with the Protection of Personal…
21 Apr 2021/by Office Admin
Who Gets the House on Divorce?
“I am a marvellous housekeeper. Every time I leave a man,…
29 Mar 2021/by Brevity Law
Can an Employee Who Refuses Vaccination be Fired?
“This virus is unprecedented in our lifetime and requires…
29 Mar 2021/by Brevity Law
When Company Directors and Shareholders Come to Blows….
“…the mere exercise of majority shareholding voting rights…
29 Mar 2021/by Brevity Law
Domestic Workers and Employers: The New Injury and Illness Cover Explained
“Domestic employees” are now covered under the Compensation…
29 Mar 2021/by Brevity Law
Your Website of the Month: Train Your Brain to Unlock Creativity and Innovation
“Creativity is intelligence having fun” (Albert Einstein)
Continually…
29 Mar 2021/by Brevity LawContinually…

Shareholder Loans and the National Credit Act
Introduction
Loans made by a company to its shareholders,…
08 Mar 2021/by Office AdminLoans made by a company to its shareholders,…

Buying and Selling Property: Nine Important Questions
“Owning a home is a keystone of wealth… both financial affluence…
24 Feb 2021/by Brevity Law
Can Employees Resign to Dodge Disciplinary Hearings?
“…an employee who gives short notice in violation of the…
24 Feb 2021/by Brevity Law
Landlords: Can You Cut Electricity to Collect Arrears or Evict?
“It is a fundamental principle that no man is allowed to take…
24 Feb 2021/by Brevity Law
New National Minimum Wage and Earnings Thresholds From 1 March 2021
(N.B. The increases highlighted below are extracted from the…
24 Feb 2021/by Brevity Law
Your Website of the Month: From Scenarios to Strategy – Use Business “Wind Tunneling”
Now more than ever before, scenario planning is essential for…
24 Feb 2021/by Brevity Law
WHAT DOES THE NATIONAL CREDIT ACT SAY ABOUT RECKLESS LENDING?
What is Reckless Credit?
Reckless Credit is any credit granted…
24 Feb 2021/by Office AdminReckless Credit is any credit granted…

WHAT DOES THE NCA SAY ABOUT LEASING MOVABLES?
While the National Credit Act is commendable in its aim to protect consumers by promoting fair and responsible lending practices, it can be an intimidating piece of legislation, rife with obscurity.
11 Feb 2021/by Office Admin
Arrest and a Criminal Record for Not Wearing a Mask?
“7,000 people have already been arrested for not wearing masks…
27 Jan 2021/by Brevity Law
Buying a Property: Check the Seller’s Marital Status!
“…a third party is expected to do more than rely upon a…
27 Jan 2021/by Brevity Law
Be Prepared for The Cost of Dying
“No matter how much you've been warned, Death always comes…
27 Jan 2021/by Brevity Law
Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One
“Pyrrhic victory”, n. A very costly victory, wherein the…
27 Jan 2021/by Brevity Law
Your Website of the Month: A Month-by-Month Personal Financial Planner for 2021
“If you fail to plan, you are planning to fail” (Benjamin…
27 Jan 2021/by Brevity Law
Exchange Control – An investors nightmare?
Essentially, Exchange Controls are limitations and rules…
15 Dec 2020/by Office Admin
Endorsement of non-resident share certificates
Introduction
The Exchange Control Regulations of 1961 (“Regulations”)…
10 Dec 2020/by Office AdminThe Exchange Control Regulations of 1961 (“Regulations”)…

Are Loop Structures “Still A Thing”?
For years, many of our South African clients raising capital…
02 Dec 2020/by Brevity Law
Before You Buy or Sell Property this Festive Season…
“Who acts in haste repents at leisure” (Aesop)
Our Festive…
26 Nov 2020/by Brevity LawOur Festive…

What Must You Prove to Remove a Trustee?
“…where there is disharmony, the essential test is whether…
26 Nov 2020/by Brevity Law
Grandparents – When Must You Pay Maintenance?
“An inability on the part of the parents to maintain a child…
26 Nov 2020/by Brevity Law
Cannabis in the Workplace: Can You Dismiss?
A recent CCMA (Commission for Conciliation, Mediation and…
26 Nov 2020/by Brevity Law
Your Festive Season Websites: Safe Holidays, Dodging the Dangers, and Now For Something Completely Different!
It’s been a hard year but at long last the Summer Holidays…
26 Nov 2020/by Brevity Law
Parking Bay Disputes – Enforcing Complex Rules
“By subscribing to the constitution, each member accepts the…
28 Oct 2020/by Brevity Law
Does Your Dog Bite? Your (Substantial) Risk Remains
“People are entitled to walk our streets without having to…
28 Oct 2020/by Brevity Law
POPIA: A Practical 4-Step Action Plan for your Business
“By failing to prepare you are preparing to fail” (Benjamin…
28 Oct 2020/by Brevity Law
Collecting Maintenance in Hard Times – Threaten Jail Time
“Compliance with court orders is always important. There is…
28 Oct 2020/by Brevity Law
Website of the Month: Looking Good on Zoom
“Zooming Into the Future: Tips to Improve One’s Appearance…
28 Oct 2020/by Brevity Law
Is Your Will Valid?
“Death knocks at all doors alike” (John Dunton 1692)
Sooner…
28 Sep 2020/by Brevity LawSooner…

Landlords and Tenants: Alert Level 1 and the New Eviction Rules
“Only in our dreams are we free. The rest of the time we need…
28 Sep 2020/by Brevity Law
Home Businesses – Is Yours Legal?
The sharp upsurge in businesses operating remotely as a result…
28 Sep 2020/by Brevity Law
Friends and Lovers: Before You Lend Out Your Car…
“Neither a borrower nor a lender be” (Shakespeare)
This…
28 Sep 2020/by Brevity LawThis…

Website of the Month: Don’t Lose Your House Because of a Lockdown Layoff!
(Note: If none of this applies to you please think of passing…
28 Sep 2020/by Brevity Law
Property: Don’t Pay Double Commission!
“… in certain circumstances the principal may be liable…
26 Aug 2020/by Brevity Law
Directors, Trustees: Can You Hold Your AGMs and General Meetings on Zoom?
“O Wonder! ...O Brave New World” (Shakespeare)
Regrettably…
26 Aug 2020/by Brevity LawRegrettably…

Buying a Business? Make Sure the Seller Publishes Notice of the Sale
“The purpose of the legislature in enacting s 34(1) is to…
26 Aug 2020/by Brevity Law
Options to Renew Leases – Risks for Landlords and Tenants
“It is only where the enforcement of a contractual term would…
26 Aug 2020/by Brevity Law
Website of the Month: Protecting Yourself from SIM-swap Fraud
Fraudulent SIM swaps were involved in around 13,300 reported…
26 Aug 2020/by Brevity Law
Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates
“Ninety percent of all millionaires become so through owning…
28 Jul 2020/by Brevity Law
The Pandemic and Business Interruption Cover – Can You Claim?
“…it must be asked whether, but for the Covid-19 outbreak,…
28 Jul 2020/by Brevity Law
Lockdown “Admission of Guilt” Fines – The Criminal Record Risk
Breaking any of our lockdown laws can be an expensive business,…
28 Jul 2020/by Brevity Law
Property Subsidence: New Law, Strict Liability and Ubuntu
“…every landowner has a right to the lateral support and…
28 Jul 2020/by Brevity Law
Websites of the Month: Why and How to Encourage Whistleblowing in Your Workplace
Our law (in the form of the Protected Disclosures Act) encourages…
28 Jul 2020/by Brevity Law
Electronic Signatures in Property and Other Transactions
“To sign a document means to authenticate that which stands…
26 Jun 2020/by Brevity Law
Directors and Business Rescue in the Time of COVID-19
“A stitch in time saves nine” (wise old proverb)
The…
26 Jun 2020/by Brevity LawThe…

Our Brave New World: Using Zoom for Retrenchment Consultations
“O brave new world” (Shakespeare)
The COVID-19 pandemic…
26 Jun 2020/by Brevity LawThe COVID-19 pandemic…

POPIA’s Deadline is 30 June 2021 – Ignore the “Fake Headlines” But Start Planning!
At long last the main provisions of POPIA (the Protection of…
26 Jun 2020/by Brevity Law
Website of the Month: The Mental Battle of Running a Small Business in Lockdown Level 3
“This Too Shall Pass. It might pass like a kidney stone, but…
26 Jun 2020/by Brevity Law
Lockdown! Nuisance Neighbours and How to Handle Them
“You can be a good neighbour only if you have good neighbours”…
26 May 2020/by Brevity Law
Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You
If you are one of the many employees retrenched or put on short…
26 May 2020/by Brevity Law
Directors: Reckless Trading and Personal Liability in the Time of Coronavirus
“Better safe than sorry” (wise old proverb)
The COVID-19…
26 May 2020/by Brevity LawThe COVID-19…

Domestic Violence and the Lockdown: Your Personalised Safety Plan
“Preamble to the Domestic Violence Act: “To afford the victims…
26 May 2020/by Brevity Law
Website of the Month: A Complete Guide to Working from Home in 2020
"The secret of change is to focus all of your energy, not on…
26 May 2020/by Brevity Law
Leases, Contracts and COVID-19: What is Force Majeure?
The COVID-19 crisis has changed everything. Our personal lives…
25 May 2020/by Brevity Law
In Times of Great Change, Make Sure Your Will is Updated!
“Death always comes without knocking” (Margaret Atwood)
Particularly…
25 May 2020/by Brevity LawParticularly…

Divorce in a Time of Lockdown – What Grounds Can You Rely On?
Note: If, as we hope, you personally have no need for an article…
25 May 2020/by Brevity Law
Property Sellers – Prepare for SPLUMA
Many factors can delay your property transfer, and all of them…
25 May 2020/by Brevity Law
Your Website of the Month: Lockdown Advice for Entrepreneurs
“The scale of the national COVID-19 lockdown is unprecedented…
25 May 2020/by Brevity Law
Shelley’s Best Lawyers Nomination!
Congratulations to our founder, Shelley Mackay-Davidson, for…
03 Dec 2018/by Office Admin
South African Competition Amendment Bill 2018
On Tuesday 23 October 2018, the National Assembly elected to…
30 Oct 2018/by Admin
Right to be Forgotten
Google will be arguing in court today over the European Union’s…
11 Sep 2018/by Admin
FREEDOM Day
FREEDOM DAY
Freedom Day, on the 27th of April is an annual…
26 Apr 2018/by AdminFreedom Day, on the 27th of April is an annual…

Busting Myths about Wine – SULPHITES
Busting Myths about Wine - SULPHITES
If you have read the…
25 Apr 2018/by AdminIf you have read the…

Do You Read Online Terms and Conditions? You Should and Here’s Why
Do You Read Online Terms and Conditions? You Should and Here’s…
29 Mar 2018/by Admin
Have a great Long weekend!
Have a great long weekend everybody!
29 Mar 2018/by Admin
Congratulations to Juliette!
A belated congratulations to our co-founder Juliette Thirsk who…
26 Mar 2018/by Admin
DO YOU DO BUSINESS WITH EU CITIZENS?
In May 2016, the European Union ("EU") adopted the General Data…
03 Mar 2018/by Admin
Commercial leases: Understanding the legalities
Whether you are Landlord or Tenant, it is imperative that you…
28 Jun 2016/by Admin
Contractual and legal insights into commercial leases
Whether you are entering into a commercial lease as a landlord…
25 Jun 2016/by Admin
Understanding the legalities of commercial leases
Understanding the legalities of commercial leases
Whether you…
24 Jun 2016/by AdminWhether you…

Polity – Commercial Leases – Some Insights
Commercial Leases - Some Insights
Whether you are entering into…
27 May 2016/by AdminWhether you are entering into…

Launch of Brevity Law
Last night we celebrated our rebranding from #BannisterLegal…
25 May 2016/by Admin
Polity – Bannister Law Rebranding
Boutique law consultancy Bannister Legal has announced the rebranding…
29 Apr 2016/by Admin