Monthly Archives: January 2024

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Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them)

“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and Building Standards Act) Here’s a nightmare scenario for a buyer – you move into your new dream home, and only then find out that your lovely little office/spare bedroom extension has no approved building plans. The municipality says the seller’s building

A Valentine’s Day Thought for Life Partners: What is a “Universal Partnership”?

“Marriage is the chief cause of divorce” (Groucho Marx) This Valentine’s Day, think about the legal aspects of your romantic relationship. They’re a lot less exciting than the traditional declarations of love backed up by chocolates and flowers, but they’re just as important in ensuring a strong, committed life partnership in which both of you is clear as to how your respective financial and legal responsibilities are defined. A recent High Court decision once again puts a spotlight on the fact that

You Can (and Should) Both Discipline and Prosecute Thieving Employees

“It’s the profile of the most trusted individual, in a position of trust, like an accountant or bookkeeper. They usually never take leave, and someone who never allows anyone access to their system would go to the length of taking their laptops with them while they are on holiday so that they can continue working. They are usually caught in the moment of forced absence from work.” (Specialised Commercial Crimes Court as reported by News24) Our courts report a surge in

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?

Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective rights. Lights out for a shopping mall gym An upmarket gym had relied for years on its shopping mall landlord’s generator to get through loadshedding, without having to pay extra for it. “Out of the blue” the landlord demanded a monthly “diesel recovery levy”, and

Can You Use Land Use Laws to Close Down a Neighbour’s Business?

“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps it’s loud all-night music, or an invasion of your hard-earned privacy, or illegal parking in your driveway, but regardless of what the nuisance factor is, it really is untenable. You’ve tried everything you can think of to sort it out amicably – polite requests, offers of mediation, compromise proposals. Nothing has

Estate Planning: Remember your Pets!

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” (Mahatma Gandhi) For many of us our pets are a central part of our lives, our much loved “fur babies”, our companions, exercise partners, even therapists through the hard times. But what will happen to them after we die? Or if we lose the ability to make the decisions necessary for their welfare? Unless you make specific provision for your beloved pets to

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

“He who is quick to borrow is slow to pay” (Old proverb) A recent High Court decision means that, for the first time, creditors of debtor companies are specifically cleared to apply for the company’s directors to be declared “delinquent” in certain circumstances. And that has significant implications for both directors and creditors. For directors – major long-term career risks Company directors need to manage a whole range of duties, responsibilities and risks, including being declared “delinquent” in terms of the Companies Act.

Moonlighting Without Consent is Misconduct – A Firing Offence

“…moonlighting as a matter of principle is unacceptable…” (extract from judgment) Up to a quarter of all middle-class South Africans are reported to “moonlight”, that is to run a part-time side hustle or side business in addition to their full-time jobs. Some, it seems, go one step further and manage to hold down two full-time jobs simultaneously. No doubt the pandemic-accelerated increase in remote working has enabled that trend as much as financial pressures on employees have fuelled it. But, as the