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Conflicting interests between directors and companies
The Companies Act 71 of 2008, also known as the Companies Act, is a legal framework that governs the operation and management of companies in South Africa. One of the key sections of this act is Section 75, which deals with the duties and responsibilities of directors...
Protection of minority shareholder rights in South Africa
Minority shareholder protection refers to the measures put in place to safeguard the rights and interests of shareholders who own less than 50% of the shares in a company. In South Africa, the Companies Act, 71 of 2008 (the Act) includes provisions to protect minority...
Disciplinary action based on an employee’s social media conduct
Social media is used by many to express their own personal and private views on various topics. As much as freedom of expression, including freedom of speech is a constitutional right, there are reasonable limitations thereto which must be observed especially on...
Solidarity Trade Union and Dis-Chem’s transformation policy
Dis-Chem faces backlash from the Solidarity Trade Union (“Solidarity”) on the memorandum released on 9 September 2022. Solidarity Trade Union has released a statement whereby it has addressed the situation as being in violation of South Africa’s Employment Equity Act...
Johannesburg High Court sets aside decade’s worth of consecutive property sales
Johannesburg High Court Acting Judge Tebogo Thupaatlase has recently reversed an “unlawful” sale of property that occurred 20 years ago. Originally the house had been financed by the original owners, Agnes Malinga and Joseph Njoko, through the now...
Claiming prescribed debts – is this allowed?
A person may acquire rights or be released from obligations through the passage of time. This is known as prescription. The gaining or losing of rights through the passage of time is known as acquisitive or extinctive prescription. Extinctive prescription protects the...
With great power comes great responsibility! The legal implications on WhatsApp group admins
The instant messaging social media giant, WhatsApp, has recently rolled out a new update to its platform which may have far reaching legal implications for users. The WhatsApp update for administrators On 1 September 2022, WhatsApp incorporated a feature that allows...
Relocation and obtaining consent to travel with your child
Whether a parent is married, separated or divorced, they have parental rights and responsibilities towards their child. Often, when a parent travels or relocates permanently, they want to take their child with them but need to ensure they are within the law when they...
The importance of having a proper shareholders agreement
One of the best ways for shareholders to protect their interests is to enter into a shareholders agreement. Such an agreement sets out the rights and obligations of each shareholder in detail. These agreements also include information and guidelines regarding the...
Selling your house? Don’t forget about the Compliance Certificates
Agreements of Sale may provide for up to five different types of compliance certificates to be obtained by the Seller (unless otherwise agreed upon). These certificates must be provided to the conveyancer before the property transfer is registered. Below are some...