South Africans soon to be forced to consider mediation before turning to courts
The Rules Board for Courts of Law has issued a draft rule proposing a new Rule that will compel South Africans to declare that they have considered mediation as a solution to any forthcoming legal matter and, if not, the court itself is obligated to manage cases...
Contractors’ Guarantees a must-have for building agreements
“Embarking on building renovations or building a new home without a comprehensive contract, including stipulated construction guarantees is very dangerous.” That’s according to attorney PJ Veldhuizen of Gillan and Veldhuizen Inc., who have represented many clients...
A warning against using online templates and DIY contracts
Besides the fact that many attorneys begin drafting client agreements from templates accumulated from years of experience and refinement, it is wise to spend the money and take the time to consult an attorney to attend to the drafting of your personal or commercial...
Directors’ Liability Insurance – it’s in the detail
The duties and liability of company directors were codified by the Companies Act of 2008, The Act identifies three major principles, being: the standards to be expected from a director; the director’s duty to separate his or her financial interests from those of the...
A case for mediation – neighbourly disputes
Love thy neighbour, or not There inevitably comes a time when we have a dispute of some kind with our neighbours, be it the yapping dog, the loud music, the tree that sheds copious amounts of leaves or a obstructs your view, the cat who poops in your garden, the...
A case for mediation- After the Divorce
After the divorce It's over. You've signed the divorce papers, and the relationship you entered into with so much optimism is officially ended. Everyone's divorce story is different – perhaps you had been married for decades, maybe just a year or so; you might have...
A case for mediation- Matrimony
Mediation should be your first course of action when considering divorce proceedings You know the saying, ‘There are always three sides to a story’ – his version, her version and the truth, none more so than when it comes to divorce and why having a mediator on board...
Draft Companies Act Amendment Bill released for comment
The long awaited Companies Act Amendment Bill of 2018 which aims to amend the Companies Act 2008 and is expected to clear up some of the unintended consequences that followed the 2011 Amendment, has been released for comment. The Draft Amendment Bill was released by...
Knowing a few legal concepts can save you time and money
Application or Action - know the difference You are not alone if you’ve found yourself caught dumbfounded in the middle of legal-talk between attorneys, simply nodding your head in agreement, quietly hoping things are going your way. Attorneys (like poets) are...
B-BBEE Fronting is a criminal offence and how to report it
“Fronting” in Broad-Based Black Economic Empowerment deals has recently found itself in the courts as Gauteng High Court Judge Ellem Francis handed down judgment on a case involving the Passenger Rail Agency of SA (PRASA) and Swifambo Rail Agency (Pty) Ltd. The court...