Monthly Archives: August 2019

//August

Your Will: What You Can and Can’t Do

“Where there’s a will, I want to be in it” (Anon) Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate, and most importantly you forfeit your right to choose who inherits what from you. But just how wide is your right to choose? Can you leave anything to

Property: Are Verbal Agreements Valid?

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording your agreements in writing is a bad idea – oral agreements are a recipe for doubt and dispute, and proving the exact terms agreed on will be challenging if not impossible. Moreover certain types of contract have to be in writing, and signed by all parties, to be valid at all. For

What is Poor Work Performance? A Case of Missed Sales Targets

“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below) An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that doesn’t mean that dismissal is necessarily an appropriate remedy. Guidelines for dismissal The onus is on you as employer to prove that the dismissal was fair, and the

Home Builders – Your Contractor Must Register with the NHBRC

“…the Act is consumer-protection legislation designed to offer protection against incompetent builders and the construction of homes having structural defects” (extract from judgment below) In order to promote housing consumer rights, home builders (including residential property developers and builder/contractors – an “owner builder” may apply for exemption) must, in terms of the Housing Consumers Protection Measures Act (“the Act”) register with the NHBRC (National Home Builders Registration Council). They must also enrol houses they build with the Council, and pay an

Your Website of the Month: Video Guides to Starting Your Own Business

“A journey of a thousand miles begins with a single step” (Laozi) Many of us dream of starting up our own thriving businesses. But it’s an ambition that few actually attempt, let alone achieve, and no wonder – it’s scary going out on your own, and there are many challenges awaiting you on the long road ahead. And we all know how that first step on the road to success is often the very hardest to take. So where to start? The