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No lost deed goes unpunished
11 November 2019 Real Estate

No lost deed goes unpunished

The Department of Rural Development and Land Reform has published further amendments to Regulation 68 of the Regulations to the Deeds Registries Act 47 of 1937, subsequent to the previous amendments published on 25 January 2019

Is the BCEA now trending in dismissal disputes?
11 November 2019 Employment

Is the BCEA now trending in dismissal disputes?

The recent judgment handed down by the Labour Appeal Court (LAC) in Pilanesburg Platinum Mines v Lisebo Lerato Pearl Ramabulana concerned an appeal against a decision of the Labour Court in which it was found that the employer had breached the employee’s contract of employment by failing to comply with the provisions relating to termination. The employee (applicant) brought an application to the Labour Court in terms of section 77 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) in terms of which the applicant sought inter alia a declaration that the termination of her employment was unlawful and that the respondent had failed to comply with provisions of the contract of employment.

The legalisation of cannabis
8 November 2019 Dispute Resolution

The legalisation of cannabis

Andrew MacPherson, an Associate in the Dispute Resolution practice, joined SAFM's The Talking Point to discuss the legalisation of cannabis.

Out-of-court settlements and VAT…don’t settle for less
7 November 2019 Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs high. On some level, an out-of-court settlement should represent a win for both parties. However, where the parties are VAT vendors, it is often the party receiving the settlement payment that is left with a slightly bitter taste in its mouth if VAT was not taken into consideration when agreeing on the settlement amount payable.

Are sureties still liable for a debt if the original causa is based on an invalid contract?
6 November 2019 Dispute Resolution

Are sureties still liable for a debt if the original causa is based on an invalid contract?

The Constitutional Court dealt with this question in Shabangu v Land and Agricultural Development Bank of South Africa & Others [2019] ZACC 42. The applicant and others stood as sureties for a loan agreement entered into between the Land and Agricultural Development Bank of South Africa (Land Bank) and Westside Trading 570 (Pty) Ltd (Westside) for the development of urban property.

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No lost deed goes unpunished
11 November 2019 Real Estate

No lost deed goes unpunished

The Department of Rural Development and Land Reform has published further amendments to Regulation 68 of the Regulations to the Deeds Registries Act 47 of 1937, subsequent to the previous amendments published on 25 January 2019

Is the BCEA now trending in dismissal disputes?
11 November 2019 Employment

Is the BCEA now trending in dismissal disputes?

The recent judgment handed down by the Labour Appeal Court (LAC) in Pilanesburg Platinum Mines v Lisebo Lerato Pearl Ramabulana concerned an appeal against a decision of the Labour Court in which it was found that the employer had breached the employee’s contract of employment by failing to comply with the provisions relating to termination. The employee (applicant) brought an application to the Labour Court in terms of section 77 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) in terms of which the applicant sought inter alia a declaration that the termination of her employment was unlawful and that the respondent had failed to comply with provisions of the contract of employment.

Out-of-court settlements and VAT…don’t settle for less
7 November 2019 Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs high. On some level, an out-of-court settlement should represent a win for both parties. However, where the parties are VAT vendors, it is often the party receiving the settlement payment that is left with a slightly bitter taste in its mouth if VAT was not taken into consideration when agreeing on the settlement amount payable.

Are sureties still liable for a debt if the original causa is based on an invalid contract?
6 November 2019 Dispute Resolution

Are sureties still liable for a debt if the original causa is based on an invalid contract?

The Constitutional Court dealt with this question in Shabangu v Land and Agricultural Development Bank of South Africa & Others [2019] ZACC 42. The applicant and others stood as sureties for a loan agreement entered into between the Land and Agricultural Development Bank of South Africa (Land Bank) and Westside Trading 570 (Pty) Ltd (Westside) for the development of urban property.

The Big Catch: They’ve resigned. Can they compete with my company?
6 November 2019 Corporate & Commercial

The Big Catch: They’ve resigned. Can they compete with my company?

So they’ve resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent? Are they prohibited from then re-entering the industry as a competitor of your company? This article looks to address these common concerns that companies often have in respect of departing directors.

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5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Things to know about lying on your CV
18 September 2019 Employment

Things to know about lying on your CV

Bheki Nhlapo, Associate in the Employment practice joins the Business Unusual Show on Newzroom Afrika. He discusses the National Qualifications Framework Amendment Act, CV misrepresentation and its implications.

The landscape for women in law
29 August 2019 Pro Bono & Human Rights

The landscape for women in law

National Practice Head and Director in the Pro Bono & Human Rights practice, Jacquie Cassette, recently joined SABC's Morning Live to discuss the landscape for women in law.

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The legalisation of cannabis
8 November 2019 Dispute Resolution

The legalisation of cannabis

Andrew MacPherson, an Associate in the Dispute Resolution practice, joined SAFM's The Talking Point to discuss the legalisation of cannabis.

The growing pandemic of cybercrime
7 October 2019 Corporate Investigations

The growing pandemic of cybercrime

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, recently joined Radio Islam to unpack the growing pandemic of cybercrime.

Rescission of judgments taken against you without your knowledge
19 September 2019 Dispute Resolution

Rescission of judgments taken against you without your knowledge

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's 'The Shakedown' to discuss rescission of judgments taken against you without your knowledge. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.