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Mediation – a go-to option for divorcing couples

27 June 2024

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

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Outstanding charges, body corporates and sales in execution

27 June 2024

Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies... of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.

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Article
Businesses, body corporates, and the right to electricity

27 June 2024

Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to... pay its service fees to the municipality? 

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Article
Stoners may be exempted from zero-tolerance policy

27 June 2024

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

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Article
Trustee responsibilities have become even heavier

26 June 2024

The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a... trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.

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Article
Where does director liability end?

26 June 2024

The actions of a company director are often seen as the actions of the company, leading to the perception that... where a company has potentially caused harm or damage at the direction of its directors, the directors are automatically liable for such loss or damage. Our Supreme Court of Appeal recently had occasion to consider this position and when directors can be held liable.

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Electric vehicle tax incentives hold business opportunities

26 June 2024

A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local... electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines. 

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Body corporates and access to information. What are the rules of engagement?

29 May 2024

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

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The taxes applicable to a deceased estate

29 May 2024

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

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