Archive for May 2017

CHILD PORNOGRAPHY IN THE WORKPLACE

The Films and Publications Act 65 of 1996 outlaws child pornography, and makes it a punishable offence. It is of special relevance to employers whose employees’ access the internet from workplace computers. This is because the Act imposes positive obligations on an employer who knows (or ought to know) or even merely suspects (or ought…

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STARTING A BUSINESS? THE BUSINESS TRUST OPTION

“The secret of getting ahead is getting started” (Mark Twain) That’s great advice from Mark Twain, so if you are sure that you are cut out for the exciting, hurly-burly life of an entrepreneur, and if you have a viable business concept, take advice now on how to get started. In our previous article in…

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WILL YOUR ANC PROTECT TRUST ASSETS ON DIVORCE?

A recent Supreme Court of Appeal (SCA) decision illustrates once again how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. A multi-million Rand fight over trust assets A divorcing couple had married and divorced three times.  …

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DAGGA – ARREST RISK REMAINS

There’s still a lot of confusion as to whether dagga (cannabis) remains an illegal drug in South Africa, fuelled in part by conflicting media reports. Here’s where we stand – It remains in general illegal to cultivate, possess, supply or use cannabis “without the necessary authorisation from the Department of Health” (see below). “Medicinal” cannabis…

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WHAT IS AN OCCUPANCY CERTIFICATE? WHY DO YOU NEED IT?

“Cheops’ Law: Nothing ever gets built on schedule or within budget” (Robert A. Heinlein) Hopefully you won’t have to wait 20 years for your new dream home to be built – that’s how long Cheops (ancient Egyptian pharaoh) had to hang around twiddling his thumbs whilst his Great Pyramid of Giza was going up –…

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MONEY SAVING APPS IN A TIME OF JUNK

We are clearly in for some challenging times, with predictions of price rises, interest rate increases, and restricted earnings. Fin24’s powerful Infographic “How Junk Status Will Affect You” below says it all…

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LANDLORDS V TENANTS – WHO PAYS FOR UNAUTHORISED REPAIRS?

You rent a house and the geyser packs in or the pool starts leaking.  The landlord ignores your pleas to fix the problem – or outright refuses to do so.  Can you go ahead and do the repairs yourself, then deduct your costs from your rental payments? A recent High Court case illustrates the dangers…

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DIRECTORS AND THE “DELINQUENCY” DANGER

“Directors have clear responsibilities to the public in the form of investors, creditors, shareholders, employees to perform in a fashion wherein not only does the company behave in an accountable manner to these stakeholders but that it adheres to a level of transparency which ensures that the principle of accountability is vindicated” (extract from judgment…

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COLLECTING ARREAR LEVIES: A NEW RISK FOR YOUR BODY CORPORATE

“… the difficulty experienced by bodies corporate in collecting arrear levies is not a novel one. It is part of a ‘socio-economic problem’” (extract from judgment below) Levy collections are the life blood of sectional title schemes, and collecting them is likely to get harder with the economic fallout from our downgrade to junk status.…

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