“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When you choose to buy into a security estate or other community scheme, you will…
“Honesty is the best policy” (Benjamin Franklin) Employees have a general duty to act loyally, honestly and in their employers’ best interests, and amongst other things that entails avoiding any possible conflicts of interest. A recent Labour Court decision confirms that any breach of this duty risks dismissal. A long-service municipal employee dismissed An…
Firstly, a warning to anyone selling or buying property to/from a trust – have your lawyer check upfront that you are adequately protected by the terms of the sale agreement. The problem is that contracting with trusts has its own specific set of rules and, as a recent High Court case illustrates, standard sale agreements…
“Right timing is in all things the most important factor” (Hesiod, ancient Greek poet, philosopher and economist) There are many “Secrets to Success” (in both our business and personal lives) but perhaps one of the most important and basic starting points is to understand how to time all the various things we do for maximum…
“Buy land, they’re not making it anymore” (Mark Twain) Buying a house is an important and exciting experience. One of the first decisions you must make is whether to buy an existing house (the “turnkey” option) or to buy from a developer on a “plot-and-plan” (“off-plan”) basis. Which option is best for you only…
“The media’s right to freedom of expression is thus not just (or even primarily) for the benefit of the media: it is for the benefit of the public” (Extract from SCA judgment below) The Henri van Breda criminal trial is the latest high-profile case to have gripped the public’s imagination, and the media broadcasts…
With media reports suggesting that up to 50,000 agents may be operating without the required Fidelity Fund Certificate (FFC). The real figure is likely to be a lot less in that many former agents have probably just closed up shop in the last 10 years, but even so there is a chance that the agent…
“The difference between tax avoidance and tax evasion is the thickness of a prison wall” (Denis Healey) In a strong warning to would-be tax fraudsters, the High Court has sentenced three company directors to effective sentences of 25 years’ imprisonment each. The three were convicted of fraud, forgery, uttering and money laundering involving R216m…
“Prediction is very difficult, especially if it’s about the future” (Niels Bohr, theoretical physicist and Nobel Prize winner) The last few years have sprung on us a lot more than their fair share of game-changing surprises. The Brexit vote, Donald Trump’s election, the rise and rise of Bitcoin … the list goes on. So…
“He was a dreamer, a thinker, a speculative philosopher… or, as his wife would have it, an idiot” (Douglas Adams) Note: Although by way of example we explore below the “international wedding” scenario, even if you are South Africans marrying in South Africa you need an ANC. Read on… The Rand’s weakness notwithstanding, many couples…