Monthly Archives: January 2022

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How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February

“… a property is an asset to enhance economic activity, growth and development…” (extract from preamble to the Property Practitioners Act) The Property Practitioners Act (“PPA”) finally comes into effect on 1 February 2022. It has major ramifications for everyone involved in the property industry, but in this article we’ll concentrate only on aspects of particular importance to property sellers and buyers, and to landlords and tenants. The PPA’s full definition of “property practitioner” is long and complex with some grey areas

Why Life Partners Still Need Cohabitation Agreements and Wills

“Census data of 2016 reveals that approximately 3.2 million South Africans cohabit outside of marriage and that this number is increasing steadily.” (Extract from judgment below) What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A lot of the media coverage around the recent Constitutional Court decision dealing with this question may have given the impression that life partners are now as fully

When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?

“This is dishonest conduct of a kind which clearly negatively impairs upon a relationship of trust between an employer and employee.” (Extract from judgment below) An all-too-common complaint in workplaces comes from employers who notice a sudden surge in employees calling in sick on the day of a major sports fixture, or perhaps just on a “good beach day”. So as an employer what can you do about it if your “sick” employee is captured on TV enthusiastically waving a patriotic flag

Using the New Cybercrimes Act to Protect Yourself

“…cybercrime has increased by over 300% during the COVID-19 pandemic – making it one of the biggest threats to businesses around the globe.” (Property 24 report) The Cybercrimes Act, which has been years in the making, is now (with effect from 1 December 2021) at last largely in force. Although some provisions still remain on hold (most notably some of those relating specifically to “revenge porn” and the granting of protection orders), a whole range of unlawful cyber-related activity has now

Budget 2022: The Minister of Finance Wants to Hear from You!

Finance Minister Enoch Godongwana has invited the public to share suggestions on the 2022 Budget he is expected to deliver on Wednesday 23 February 2022. The Ministry of Finance: “As usual, the budget allocation always aims to strike a balance between competing national spending priorities … suggestions must pertain to what should government be spending on, how to address a large budget deficit, new sources of tax revenues, and other budget-relevant information … Minister Godongwana looks forward to your contributions.” Go to

Your Website of the Month: How to Smash Your Goals in 2022 (Even If It Is Already February)

“New Year’s Resolutions” are notoriously easy to make but hard to keep, and one wonders how many are still on the radar come February each year. But perhaps February is an even better time to set your goals for the bright new year ahead than that first week in January with its slightly panicky vibe of “oh wow it’s January already I’d better set some goals and boy did I overdo it this festive season!” Anyway, for some useful thoughts on how

Can Your Tenant Claim a Lockdown Rental Remission?

“It would thus be prudent that a commercial lease agreement includes a clause dealing with the risk associated with vis maior, casus fortuitus and the impossibility of performance.” (Extract from judgment below) The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively on many businesses, and there has been much uncertainty as to whether commercial tenants of leased property are entitled to claim a remission of rental if their trading activities are curtailed. A recent High Court decision throws some

Directors at War: Terminating Email Access

“All is fair in love and war…and business is war.” (Jasmine Kundra) When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious consequences for the director thus cut off. Its appeal as a tactic to force the other director to the negotiating table is obvious, but the question is whether the director thus deprived has any legal

Minde Schapiro & Smith
04.01.2022
Business, Company / Corporate / Compliance

Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs

Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way. How will you support yourself and your children until the case is finalised? How will you pay your lawyer to run the case for you? Must you wait for the end

A Victim of Sexual Harassment Must Report It “Immediately”

“…sexual harassment is a heinous and horrendous conduct since it undermines the dignity of women and the values enshrined in our Constitution.” (Extract from judgment below) Employers have a strong duty to provide a safe workplace for their employees, and to protect them from harm – including sexual harassment. An employer who fails in this faces claims for damages and compensation, but as a recent Labour Court judgment shows, the victim must first follow procedure correctly, and without delay. Delayed reporting kills

Monthly Archives: January 2022

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