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Suretyship vs Guarantee. What’s the difference?
02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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2
Article
Leave to Appeal vs Special Leave to Appeal
02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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2
Article
Can Landlords unilaterally charge for additional services?
02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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3
Article
Blazing changes in the National Veld and Forest Fire Amendment Bill
24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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1
Article
Can a Homeowners Association take over refuse removal from a local authority?
27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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10
Article
What to expect from the new draft Employment Equity Act Regulations
27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
10
Article
How liable is an owner for damage caused by animals?
26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
12
Article
To click or to ink? Are electronically signed sale of property agreements valid in SA?
26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
8
Article
Safeguarding your legacy for your children
26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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14
Article
AI Rights vs Human Rights
20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
22
Article
How far does employer liability for the actions of its employee extend?
22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
24
Article
Construction Contracts: Is it a “one-size-fits-all” decision?
22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
21
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
2
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
2
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
3
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
1
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
10
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
10
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
12
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
8
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
14
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
22
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
24
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
21
Article
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GO
Filter: Data privacy
To post or not to post? When is privacy violated?

21 March 2022

Your neighbour has been piling heaps of rubbish on his sidewalk. You’ve raised the issue with him but to no... avail. Now you’ve taken photos of the mess and want to post them on Facebook to try and get other neighbours to also put pressure on him to clean up the mess. However, you pause and wonder about whether you can post the photos and identify your neighbour. Is it an invasion of privacy, or in the public interest?

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338
Article
Data breaches in terms of POPIA: what you need to know

16 April 2021

Our consultancy business has quite a diverse client base. Over the weekend, the laptop of one of our employees was... stolen. The laptop contains personal information of our clients and it appears that it was not password protected making the data accessible. Will this be a data breach in terms of POPIA, and if so, what are we required to do?

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630
Article
POPIA deadline looming and regulations about to take effect

16 April 2021

I own a local store making custom items for our clients. Because of the nature of some of the client... requests I have to use other suppliers and have to share basic information about my clients with them. I am aware of POPIA and I understand that we need to comply including to new regulations that I understand have been issued. My question is to what extent and by when will I need to meet all these requirements?

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518
Article
Can your ex-spouse circulate your private information?

10 November 2020

My ex-husband still has access to our shared cloud account. Unbeknown to me this meant he could see all my... back-ups of messages, photos and other personal information. Our divorce did not end well and he is now sharing private and personal information of me with third parties to embarrass me and to try and portray me as a bad parent. What can I do to stop him?

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462
Article
Consent and POPIA: what you should know

12 October 2020

In my business I receive and store personal information of my clientele. I have a sign-up form for my new... clients and was wondering whether I would be compliant with POPIA if I include a consent to process their information once-off in this form. Will this be sufficient for POPIA?

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898
Article
Data intensive businesses and POPIA

11 September 2020

My business processes and stores quite a large amount of information relating to our clients. We are well aware of... POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing enough/underestimating our obligations. What should I be preparing for?

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508
Article

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