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 Law

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 Law

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
Protection of Personal Information Act

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 Law

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 Law

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
Protection of Personal Information

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
Protection of Personal Information

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 Law
Shareholder Loans and National Credit Act

Shareholder Loans and the National Credit Act

Introduction



Loans made by a company to its shareholders,…
08 Mar 2021/by Office Admin

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
National Credit Act

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 Admin
National Credit Act

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 Controls

Exchange Control – An investors nightmare?

Essentially, Exchange Controls are limitations and rules…
15 Dec 2020/by Office Admin
Endorsement

Endorsement of non-resident share certificates

Introduction



The Exchange Control Regulations of 1961 (“Regulations”)…
10 Dec 2020/by Office Admin
Loop Structures

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 Law

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 Law

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 Law

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 Law

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 Law

Our Brave New World: Using Zoom for Retrenchment Consultations

“O brave new world” (Shakespeare)



The COVID-19 pandemic…
26 Jun 2020/by Brevity Law

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 Law

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 Law

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 Admin

Busting Myths about Wine – SULPHITES

Busting Myths about Wine - SULPHITES

If you have read the…
25 Apr 2018/by Admin

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 Admin
Commercial Leases

Polity – Commercial Leases – Some Insights

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

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