Our Blog
How a Date Affects Debt – A Description of Prescription
Suppose on a fine Saturday afternoon you receive a call from a creditor, with regards to repayment of a loan you were beginning to forget about. Frustrating isn't it, especially when you thought they too [...]
Pre-Employment Screening in the Social Media Age
An increasing number of South Africans are conducting both their personal and professional lives online. As a result, it has become increasingly popular for employers to screen the online social media activity of job applicants. Both job applicants and employers should exercise caution in this regard...
The Process of Edictal Citation
Edictal citation is ordered when a Defendant is or is believed to be outside the Republic and the exact whereabouts of the Defendant is unknow. No document whereby proceedings are instituted shall be served outside the Republic of South Africa, unless permission is granted by a Court.
The Conveyancing Process Explained
The first step in any sale of Immovable Property is that the Purchaser and the Seller must sign a written Agreement, which once signed, becomes a legally binding Agreement of Sale. Following the signature of the Agreement of Sale, the seller has the choice of appointing a Transferring Attorney whom, once appointed, will obtain the FICA documentation of both parties.
Substantive and procedural fairness in labour law
In the instance where there is a dispute between an employer and employee, and the employer foresees the need to dismiss the employee, South African Labour Law requires that a disciplinary inquiry be held in order to determine the status of the employee’s position.
An Overview of Business Rescue Proceedings
A company which is in financial trouble has 2 (two) options: 1) liquidation, alternatively, 2) business rescue. A Court will give preference to business rescue over liquidation, but only where...
Piercing the corporate veil
One of the cornerstones of conducting business and other affairs through a company is the firmly entrenched principle of separate legal personality. Separate legal personality means that the rights and obligations of a company are completely separate from those of its incorporators, shareholders and directors.
An Introduction to Conveyancing
As many of our loyal clients are aware, our firm is known for its expertise in all matters regarding litigation. We are proud to announce that we have broadened the scope of our services to include property law by the opening of our Conveyancing Department.
To business rescue or not to business rescue
Although the practice of implementing a turnaround strategy (business rescue) has been widely used in South Africa, business rescue was only formalised in Chapter 6 of the “New” Companies Act, Act 71 of 2008 (hereinafter referred to as “the Act”). As business rescue is still a fairly new concept within the South African legal system, it is being developed and redefined on a continual basis.
The formation and registration of an inter vivos trust (living trust)
Trusts are regulated in terms of the Trust Property Control Act No. 57 of 1988. There are two main types of trusts available in South Africa, namely, an inter vivos trust and a testamentary trust. The main distinction between the two is that an inter vivos trust is established by the founder during his or her lifetime, whereas, a testamentary trust is contained within one’s Will and Last Testament and thus, comes into existence only upon the death of the testator/testatrix.
Action (trial) proceedings
Civil trial proceedings will be discussed by way of a series of various parts, explaining the trial process and how to enforce a judgment. (This series will focus on Action proceedings and not Motion proceedings. Furthermore, only the procedure relating to monetary claims will be discussed)
The advantages and risks of entering into a pre-incorporation contract
For various reasons, many legal agreements are entered into by a juristic entity, as opposed to a contracting party in their personal capacity (e.g. for the benefit of perpetual succession, separate legal personality, etc.). Many agreements are therefore entered into with at least one, or more juristic entities as party/ies to an agreement, either with an existing entity, or with an entity registered specifically for the purpose of entering into the agreement in question.
How is child maintenance calculated?
First and foremost, it is important to note that both parents, in terms of the Children's Act, have an equal responsibility to contribute towards a minor child's monthly expenses. Both parents have equal responsibilities and rights towards a minor child as well as equal rights of contact, irrespective of whether one parent contributes towards the minor child's monthly expenses or not. Contact with the minor child cannot be withheld by the one parent should the other parent not contribute towards maintenance, however, the failure to contribute towards maintenance is a criminal offence and a Section 31 summons may be issued.
What are the formal requirements for the execution of a valid will
In order for a Will to be valid, it needs to fulfil all of the statutory requirements contained in section 2(1)(a) of the Wills Act 7 of 1953. Our law only recognises a Will that complies with these requirements. The document must be signed by the testator. If the Will consists of a single page, it must be signed at the end of that page. If the Will consists of more than one page, each page must also be signed by the testator.