Our team acts for a leading South Africa-based financial advisory services company

Trust me, it’s effective: A discussion of when a trustee’s resignation is deemed to be effective

Trust me, it’s effective: A discussion of when a trustee’s resignation is deemed to be effective Trusts are often faced with trustee resignations, which can impact the remaining trustees’ ability to carry out their duties and functions. Section 21 of the Trust Property Control Act 57 of 1988 affords trustees the right to resign by providing that, whether or not the trust deed provides for trustee resignations, a trustee may resign by notice in writing to the Master of the High Court (Master) and the beneficiaries who have legal capacity, or tutors or curators of the beneficiaries of the trust under tutorship or curatorship. The trust deed may also have its own resignation regime, for instance it may provide that a resignation may be affected by written notice to the co-trustees. 

Flood risk in Kenyan real estate

As the murky floodwaters swallowed her compound, a lone woman perched on the roof of her bungalow in Athi River, clutching her belongings and waiting to be rescued. This haunting image, splashed across the pages of a local daily newspaper, is a stark reminder of the rising flood risks in Kenyan real estate.

Does the dismissal of an employee affect a restraint of trade?

In the recent decision of Backsports (Pty) Ltd v Motlhanke and Another ZALCJHB 68 (18 February 2025), the Labour Court stated that a restraint of trade could not be enforced by a former employer where the employee was dismissed for misconduct. In other words, a dismissal results in a former employer forfeiting the right to enforce the restraint.

Workplace disputes and legal parameters in relation to defamation, contractual interference, and repudiation

In Sephton v Anglo Operations Pty Ltd (A2024/113960) ZAGPJHC 239, the High Court considered several key factors in its judgment. The appeal was brought against a prior ruling that granted absolution from the instance for the primary and alternative claims against the first, second, and third respondents while dismissing defamation and contractual interference claims. The court focused on whether the appellant had established a legal basis for defamation, wrongful interference with a contract, and repudiation. It examined the facts surrounding an alleged workplace harassment incident, the investigation that followed, and the contractual implications of the appellant’s exclusion from the site.

Health and Safety in the Workplace: Occupational Health and Safety Act (OHSA) - Pending Amendments

Fair wear and tear is a tenant’s shield, not a landlord’s loophole

It is neither reasonable nor realistic to expect leased premises to remain in their original, untouched state. Buildings age, materials wear and time inevitably leaves its mark. Recognising this reality, the principle of “ fair wear and tear ” plays a pivotal role in creating a balance in landlord-tenant relations.