Beneficiaries’ rights to information in a trust
Beneficiaries are entitled to a certain amount of information about the trust of which they are a beneficiary and trustees have a duty to disclose that information. But trustees can sometimes be reluctant to disclose certain information, or it may be that...
Vaccine mandates in the workplace – where to from here?
The CCMA has recently presided and ruled over 2 recent unfair dismissal cases surrounding the matter of enforceable vaccine mandates in the workplace. The findings of the CCMA (which is the first step in all labour-related disputes), may still be challenged by...
Inner-city living. When is noise just noise and not a nuisance?
We all live in a world of noise. Our cities reverberate with the cacophony of urban development, construction and traffic - music filtering from bars and restaurants, ringtones, taxis hooting, dogs barking and people shouting. Whilst some noise is tolerable there...
Buying or selling a farm in South Africa – make sure it’s a watertight contract
The market for farms in South Africa has attracted significant interest over the last few years. There has been an increase in available properties, largely due to Government’s redistribution-of-land policies, and some might add the increase in the cost of farming,...
Is your Social and Ethics Committee obligated by Rule 41?
In May 2012 it became mandatory for every listed public company, state-owned company and any other company that has a public interest in terms of Section 72 and Regulation 43 of the Companies Act, to establish and maintain a Social & Ethics Committee (SEC) in...
Signing surety doesn’t have to be a life sentence
Surety is usually signed on behalf of a company by a director or shareholder, and in some instances by a spouse or friend, in favour of a creditor. This ensures that if the company cannot make good on its contractual duty of payment, then the creditor may approach the surety to demand payment on the company’s behalf.
Public Policy deserves expert mediation
The recent Firearms Control Amendment Bill has sent a few tempers flaring; at least one could say “the debate is on.” The new Bill replaces the Firearms Control Amendment Bill, 2015, and, as in any passing of legislation and Public Policy (the laws and regulations...
Should you structure your business as a Partnership or as a Private Company?
Partnership agreements mirror the spirit and purpose of more formalised business structures such as a company, but are not as regulated by legislation.
Business rescue – more pros than cons, but for whom?
Depending from whose perspective you are looking when it comes to the pros and cons of business rescue, all ‘affected persons’ have a vested interest in the success of the business rescue process. However, some parties may come out on the other side feeling a...
Drawing up a Power Of Attorney – be careful whom you appoint to act on your behalf
A Power of Attorney, as the name implies, is a written authorisation for an appointed person to represent or act on another's behalf with regard to his/her private affairs, business, medical, health or other legal...