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Commercial recoveries: choosing the right court
Commercial debt recovery or business‐to‐business collection is the process whereby an attorney or other registered debt collector recovers a delinquent (outstanding or overdue) amount, plus lawful interest, administrative costs and collection fees from a business...
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The death of a shareholder: what happens next?
A shareholder can be defined as a person, whether natural or juristic, who owns shares or stock in a company. A person can be a sole proprietor or owner of 100% of the shares, or a part shareholder where for example they own 30% of the shares. But what happens when a...
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Curatorship – what does it entail?
There are various reasons why someone would need to be appointed to safeguard another’s affairs, ranging from financial, personal or otherwise. The most common are cases where a person is incapable of looking after their own affairs due to mental illness in most cases...
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The right to spousal maintenance
Although it is often stated that spouses have a right to spousal maintenance, it is important to note that neither spouse has a statutory right to maintenance. Whether or not spousal maintenance is to be granted is a matter of discretionary power, which is given to...
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Getting a criminal record expunged
As the country grapples with COVID-19 and the national lockdown implemented to mitigate the effects, a grim reality is that many South Africans will be left unemployed as a result thereof, and some will also be dealing with a criminal record from breaking lockdown...
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Impact of COVID-19 on the workplace
On 26 March 2020, the nationwide lockdown in South Africa commenced as part of the efforts to save lives and curb the spread of the coronavirus in the country. As a direct result of the lockdown, many businesses are currently at a standstill, unable to conduct...
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Employer and employee rights and responsibilities during lockdown level 4
As of 1 May 2020, South Africa has moved from level 5 of the hard lockdown to level 4 of the phased approach in easing the country out of lockdown. As such, new regulations were gazetted on 29 April 2020 which in effect allows for approximately 1.5 million of the...
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The impact of the SPLUMA Act on property transfers
The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) which came into effect in 2015 was established to provide a uniform system of spatial planning and land use management throughout South Africa in order for municipalities to apply land use control....
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The effects of the national lockdown due to Covid-19 on a parent’s right to have contact with their children
As the country is in national lockdown, parents who have been declared co-guardians and co-holders of parental rights and responsibilities have been left to wonder how they can exercise their care and contact rights. Initially when the lockdown started, on Thursday 26...
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Legal representation at CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) is intended to be a forum in which labour disputes can be speedily and efficiently decided with a minimum of legal formalities and procedure. There is a clear apprehension that the right to be...
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