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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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16
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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20
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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20
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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15
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
16
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
20
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
20
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
15
Article
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Filter: Construction
Don’t get caught napping with a time-bar clause in your construction contract

07 March 2023

Clients are often surprised when they discover clauses in their construction contract that requires them to give notice to the... building contractor, usually within very short periods of time, of their intention to dispute a set of circumstances, failing which, they lose their right to refer such a dispute for dispute resolution. This then raises the question of why these clauses are present and how enforceable they are.

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267
Article
The importance of mediation, adjudication and arbitration in construction disputes

20 October 2022

Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred... to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.

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860
Article
How conditional is a performance guarantee?

15 November 2021

Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil... project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?

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754
Article
What Covid tax relief measures can my company qualify for?

06 January 2021

I have a construction company which has been hard hit by the Covid-pandemic and although I have managed to keep... our doors open and not retrench my employees, we are in dire straits. I understand that there are some tax relief measures which I can access to assist my company. Is this true?

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491
Article
Can a body corporate institute action against the sectional title developer?

10 November 2020

In our sectional title scheme, it has become clear that many of the structures on the common property have been... poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?

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584
Article
Can a close corporation go under business rescue?

10 June 2020

I have a construction business that is operated in a close corporation. As we have not had much work during... the last few months, my business has come under severe financial pressure. I still believe in the business and know things will pick up again, but right now we just don’t have the cashflow to pay our creditors. I’m considering business rescue but am unsure whether that option is available seeing as my business is a close corporation?

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575
Article