The “Great Resignation” is Upon Us – Know the Law!
“Signs of the "Great Resignation" are rippling across South…
Landlords: Zoning Law Contravention Could Invalidate Your Lease
“…it is a general rule that a contract impliedly prohibited…
New Ruling on Divorce Assets: How Does it Affect You?
“…the inequality at hand is caused when, after the conclusion…
Tax Freedom Day 2022: The Day We Stopped Working for Government
“Taxpayer: One who doesn’t have to pass a civil service…
Website of the Month: Are Your Passwords in the Green?
We all know how vital it is to use strong passwords online,…
Property Owners: Your Rates Could Quadruple for Unauthorised Land Use
“The said penalty … was imposed due to the fact that…
Workplace Harassment: The New Code in a Nutshell
“The criterion that harassment involves unwanted conduct distinguishes…
Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!
“A Legacy Letter is a way for you to share your values,…
Beware The Badly Worded Bond Clause!
“The terms of the contract are the decisive criterion by…
Website of the Month: 3 Things the Most Productive People Do Every Day
“Here’s how to expand your mind’s abilities to get…
Property Owner and Body Corporate Liable After Child’s Electrocution?
A recent High Court decision saw both a sectional title unit…
Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!
“Death is not the end. There remains the litigation over…
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?
"Where one of the parties wishes to be absolved either wholly…
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…
Your Website of the Month: The 9 Key Points of Making a Difficult Decision
“Avoiding a decision is itself a decision … probably…
3 Steps to Buying Your First House
“Happiness is… buying your first home” (Anon)
Few things…
Few things…
Fired For Moonlighting
“She failed to disclose these obviously material activities…
Effective 1 March 2022: New Earnings Threshold and National Minimum Wage
Employers and employees need to keep an eye on the annual increases…
Debtor Not Paying? Consider a Liquidation Application
“When debtors once have borrowed all we have to lend,…
Your Website of the Month: How to Avoid Falling Victim to a “Tinder Swindler”
“But love is blind, and lovers cannot see” (Shakespeare)
Note:…
Note:…
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,…
Why Life Partners Still Need Cohabitation Agreements and Wills
“Census data of 2016 reveals that approximately 3.2 million…
When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?
“This is dishonest conduct of a kind which clearly negatively…
Using the New Cybercrimes Act to Protect Yourself
“…cybercrime has increased by over 300% during the COVID-19…
Budget 2022: The Minister of Finance Wants to Hear from You!
Finance Minister Enoch Godongwana has invited the public to share…
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…
Can Your Tenant Claim a Lockdown Rental Remission?
“It would thus be prudent that a commercial lease agreement…
Directors at War: Terminating Email Access
“All is fair in love and war…and business is war.”…
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
Even if your marriage is collapsing around you, you might…
A Victim of Sexual Harassment Must Report It “Immediately”
“…sexual harassment is a heinous and horrendous conduct…
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…
Selling Your Home: How to be Lucky this Holiday Season
“Luck is what happens when preparation meets opportunity”…
When Can a Shop Be Sued for Damages If a Customer Falls?
“… it is by now long established in our law that the owner…
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…
PAIA Manuals and the 31 December 2021 Deadline: Crying Wolf Again, or Real This Time?
“A man who procrastinates in his choosing will inevitably…
Your Website of the Month: How to Find and Remove Spyware from Your Cellphone
Our cellphones have, for most of us, become integrated into…
Community Scheme Disputes and the Ombud’s Powers to Resolve Them
“[The Ombud} has been given wide inquisitorial powers whereby…
Fired for a Racist Facebook Post
“The seriousness and gravity of offences involving racism…
Exemption Clauses in Contracts – Fine Print Can Void Them
“… he did not think that he was binding himself 'to all…
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices
“Whilst the Act no longer uses the term “illegitimate child”…
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…
Property Sellers: Why, How and When to Choose Your Own Conveyancer
“A great deal is at stake in the transfer of fixed property.…
South Africans – Don’t Lose Your Own Citizenship When You Apply for Another!
“… it cannot be said as the applicant suggests that the…
Employers – Walking the “Compulsory Covid-19 Jab” Tightrope
“Employers should find a reasonable resolution that accommodates…
What SARS Says About Crypto Assets and Tax
“The future of money is digital currency” (Bill Gates)
If…
If…
Your Website of the Month: The Best Age to Launch a Successful Startup Is…
The Companies and Intellectual Property Commission reports (see…
Estate Planning and Wills: A Checklist to Protect Your Family
“Don’t fear death, plan for it” (Anon)
Amazingly, here…
Amazingly, here…
Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test
“PIE recognises that in appropriate circumstances the right…
A Million Rand Warning: Act When Employees Reach Retirement Age
“Retirement is for people who don’t like their jobs” (Paul…
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!
“Consequential Loss: This is loss not directly caused by the…
Your Website of the Month: Start a New Business Fast and Lean
The COVID-19 pandemic has closed many doors, but it has also…
THE 8 CONDITIONS FOR THE PROCESSING OF PERSONAL INFORMATION: PART III
Addressing compliance with the Protection of Personal Information…
Employee Looting and Strike Violence: When Is Dismissal Fair?
Employee looting and/or violence can take place during strike…
Violence and Looting – Can You Sue SAPS?
“When a crime is imminent and foreseen it is expected of the…
Noisy Neighbours – Your Rights, and Buyers Beware!
“In common law, everyone is in general permitted to use their…
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?
“Creditors have better memories than debtors” (Benjamin…
Your Websites of the Month: Measure and Maximise Your Business Creativity
“Creativity is the key to success” (Abdul Kalam)
It’s…
It’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) …
Spousal Maintenance After Divorce and the “Clean Break” Principle
“The clean break principle after divorce has found resonance…
R4m Damages for a Workplace Sexual Assault
“The stance adopted by the Municipality at the trial demonstrated…
Bodies Corporate: Before You Sequestrate to Recover Arrears…
“Bankruptcy - a fate worse than debt” (Anon)
One of a…
One 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…
11 POPIA Questions to Ask Yourself Before 30 June 2021
Note: This is a complex topic and there is no substitute for…
When Bond Clauses Sink Sales
“Before anything else, preparation is the key to success”…
Dismissed: The Butcher Who Went to Work With COVID-19
“The facts of this case are indeed extraordinary. They are…
Can You Change Your Marital Regime After Marriage?
“A journey is like marriage. The certain way to be wrong is…
Your Website of the Month: Teamwork Tips from My Octopus Teacher
“So, you thought that My Octopus Teacher was there to teach…
The 8 Conditions for the Processing of Personal Information: Part II
The deadline for full compliance with the Protection of Personal…
Landlord Liable for a Tragic “Freak” Flood Drowning
“Nature has the ability to spring a surprise when least expected”…
Employers: Beware the “Casual Worker” Myth!
Employees in South Africa enjoy strong protections under a raft…
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…
Extended: The Rights of Grieving Parents to Choose Burial After Pregnancy Loss
Expectant parents who lose a pregnancy before 26 weeks (the…
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…
The 8 Conditions for the Processing of Personal Information: Part I
The deadline for full compliance with the Protection of Personal…
Who Gets the House on Divorce?
“I am a marvellous housekeeper. Every time I leave a man,…
Can an Employee Who Refuses Vaccination be Fired?
“This virus is unprecedented in our lifetime and requires…
When Company Directors and Shareholders Come to Blows….
“…the mere exercise of majority shareholding voting rights…
Domestic Workers and Employers: The New Injury and Illness Cover Explained
“Domestic employees” are now covered under the Compensation…
Your Website of the Month: Train Your Brain to Unlock Creativity and Innovation
“Creativity is intelligence having fun” (Albert Einstein)
Continually…
Continually…
Shareholder Loans and the National Credit Act
Introduction
Loans made by a company to its shareholders,…
Loans 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…
Can Employees Resign to Dodge Disciplinary Hearings?
“…an employee who gives short notice in violation of the…
Landlords: Can You Cut Electricity to Collect Arrears or Evict?
“It is a fundamental principle that no man is allowed to take…
New National Minimum Wage and Earnings Thresholds From 1 March 2021
(N.B. The increases highlighted below are extracted from the…
Your Website of the Month: From Scenarios to Strategy – Use Business “Wind Tunneling”
Now more than ever before, scenario planning is essential for…
WHAT DOES THE NATIONAL CREDIT ACT SAY ABOUT RECKLESS LENDING?
What is Reckless Credit?
Reckless Credit is any credit granted…
Reckless 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.
Arrest and a Criminal Record for Not Wearing a Mask?
“7,000 people have already been arrested for not wearing masks…
Buying a Property: Check the Seller’s Marital Status!
“…a third party is expected to do more than rely upon a…
Be Prepared for The Cost of Dying
“No matter how much you've been warned, Death always comes…
Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One
“Pyrrhic victory”, n. A very costly victory, wherein the…
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…
Exchange Control – An investors nightmare?
Essentially, Exchange Controls are limitations and rules…
Endorsement of non-resident share certificates
Introduction
The Exchange Control Regulations of 1961 (“Regulations”)…
The Exchange Control Regulations of 1961 (“Regulations”)…
Are Loop Structures “Still A Thing”?
For years, many of our South African clients raising capital…
Before You Buy or Sell Property this Festive Season…
“Who acts in haste repents at leisure” (Aesop)
Our Festive…
Our Festive…
What Must You Prove to Remove a Trustee?
“…where there is disharmony, the essential test is whether…
Grandparents – When Must You Pay Maintenance?
“An inability on the part of the parents to maintain a child…
Cannabis in the Workplace: Can You Dismiss?
A recent CCMA (Commission for Conciliation, Mediation and…
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…
Parking Bay Disputes – Enforcing Complex Rules
“By subscribing to the constitution, each member accepts the…
Does Your Dog Bite? Your (Substantial) Risk Remains
“People are entitled to walk our streets without having to…
POPIA: A Practical 4-Step Action Plan for your Business
“By failing to prepare you are preparing to fail” (Benjamin…
Collecting Maintenance in Hard Times – Threaten Jail Time
“Compliance with court orders is always important. There is…
Website of the Month: Looking Good on Zoom
“Zooming Into the Future: Tips to Improve One’s Appearance…
Is Your Will Valid?
“Death knocks at all doors alike” (John Dunton 1692)
Sooner…
Sooner…
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…
Home Businesses – Is Yours Legal?
The sharp upsurge in businesses operating remotely as a result…
Friends and Lovers: Before You Lend Out Your Car…
“Neither a borrower nor a lender be” (Shakespeare)
This…
This…
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…
Property: Don’t Pay Double Commission!
“… in certain circumstances the principal may be liable…
Directors, Trustees: Can You Hold Your AGMs and General Meetings on Zoom?
“O Wonder! ...O Brave New World” (Shakespeare)
Regrettably…
Regrettably…
Buying a Business? Make Sure the Seller Publishes Notice of the Sale
“The purpose of the legislature in enacting s 34(1) is to…
Options to Renew Leases – Risks for Landlords and Tenants
“It is only where the enforcement of a contractual term would…
Website of the Month: Protecting Yourself from SIM-swap Fraud
Fraudulent SIM swaps were involved in around 13,300 reported…
Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates
“Ninety percent of all millionaires become so through owning…
The Pandemic and Business Interruption Cover – Can You Claim?
“…it must be asked whether, but for the Covid-19 outbreak,…
Lockdown “Admission of Guilt” Fines – The Criminal Record Risk
Breaking any of our lockdown laws can be an expensive business,…
Property Subsidence: New Law, Strict Liability and Ubuntu
“…every landowner has a right to the lateral support and…
Websites of the Month: Why and How to Encourage Whistleblowing in Your Workplace
Our law (in the form of the Protected Disclosures Act) encourages…
Electronic Signatures in Property and Other Transactions
“To sign a document means to authenticate that which stands…
Directors and Business Rescue in the Time of COVID-19
“A stitch in time saves nine” (wise old proverb)
The…
The…
Our Brave New World: Using Zoom for Retrenchment Consultations
“O brave new world” (Shakespeare)
The COVID-19 pandemic…
The 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…
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…
Lockdown! Nuisance Neighbours and How to Handle Them
“You can be a good neighbour only if you have good neighbours”…
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…
Directors: Reckless Trading and Personal Liability in the Time of Coronavirus
“Better safe than sorry” (wise old proverb)
The COVID-19…
The COVID-19…
Domestic Violence and the Lockdown: Your Personalised Safety Plan
“Preamble to the Domestic Violence Act: “To afford the victims…
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…
Leases, Contracts and COVID-19: What is Force Majeure?
The COVID-19 crisis has changed everything. Our personal lives…
In Times of Great Change, Make Sure Your Will is Updated!
“Death always comes without knocking” (Margaret Atwood)
Particularly…
Particularly…
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…
Property Sellers – Prepare for SPLUMA
Many factors can delay your property transfer, and all of them…
Your Website of the Month: Lockdown Advice for Entrepreneurs
“The scale of the national COVID-19 lockdown is unprecedented…
Shelley’s Best Lawyers Nomination!
Congratulations to our founder, Shelley Mackay-Davidson, for…
South African Competition Amendment Bill 2018
On Tuesday 23 October 2018, the National Assembly elected to…
Right to be Forgotten
Google will be arguing in court today over the European Union’s…
FREEDOM Day
FREEDOM DAY
Freedom Day, on the 27th of April is an annual…
Freedom Day, on the 27th of April is an annual…
Busting Myths about Wine – SULPHITES
Busting Myths about Wine - SULPHITES
If you have read the…
If 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…
Have a great Long weekend!
Have a great long weekend everybody!
Congratulations to Juliette!
A belated congratulations to our co-founder Juliette Thirsk who…
DO YOU DO BUSINESS WITH EU CITIZENS?
In May 2016, the European Union ("EU") adopted the General Data…
Commercial leases: Understanding the legalities
Whether you are Landlord or Tenant, it is imperative that you…
Contractual and legal insights into commercial leases
Whether you are entering into a commercial lease as a landlord…
Understanding the legalities of commercial leases
Understanding the legalities of commercial leases
Whether you…
Whether you…
Polity – Commercial Leases – Some Insights
Commercial Leases - Some Insights
Whether you are entering into…
Whether you are entering into…
Launch of Brevity Law
Last night we celebrated our rebranding from #BannisterLegal…
Polity – Bannister Law Rebranding
Boutique law consultancy Bannister Legal has announced the rebranding…