ESTATE PLANNING AND THE IMPORTANCE OF THE SUBDIVISION OF AGRICULTURAL LAND ACT

ESTATE PLANNING AND THE IMPORTANCE OF THE SUBDIVISION OF AGRICULTURAL LAND ACT

Mr Reyneke owns a farm in South Africa and in terms of his last will and testament he bequeathed the said farm to his two sons in equal shares. Mr Reyneke died in 2019 and the executor of his estate requires clarification concerning the farm and the two sons. Firstly, the distribution of a person’s estate when he dies is determined by the South Africa law of succession, subject to certain limitations. The South African law of succession is supported…

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LANDLORDS & TENANTS: CAN A TENANT CANCEL A LEASE?

LANDLORDS & TENANTS: CAN A TENANT CANCEL A LEASE?

When it comes to cancelling a lease early, both landlords and tenants must be aware of their responsibilities. It’s important to note that the Consumer Protection Act (CPA) has been put in place to protect consumers and it has changed the way that South Africans do business. The CPA also protects tenants in cases where they want to cancel a lease early. According to the CPA, if a tenant provides the landlord with 20 business days’ notice, the tenant has…

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DOES LIVING IN A SECURED ESTATE GIVE A FALSE SENSE OF SECURITY?

DOES LIVING IN A SECURED ESTATE GIVE A FALSE SENSE OF SECURITY?

Choosing to live in a secured residential estate in South Africa is becoming ever more popular with South Africans. Entering your estate whilst security guards watch out for unknown assailants that may enter, living in your home peacefully knowing that the security guards are ensuring that people may only enter with your permission, giving the home owners a sense of security. But is this a true sense of security or is it false, and if the unfortunate happens that you…

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WHAT IS THE BUSINESS JUDGEMENT RULE?

WHAT IS THE BUSINESS JUDGEMENT RULE?

When running a business there are going to be times where the directors in charge will have to make difficult decisions and take risks in order to either save the company or to seal a big deal and gain financially, the notion of “risk for reward”. As a director, one would be required to make a decision that would be in the best interest of the company, but sometimes these decisions end up being bad for the company, as it…

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TRAVEL ALLOWANCE VS RIGHT OF USE OF MOTOR VEHICLE

TRAVEL ALLOWANCE VS RIGHT OF USE OF MOTOR VEHICLE

This article will outline the difference between a travel allowance and the right of use of a motor vehicle. There will also be a brief explanation of the travel expense deduction for income tax purposes. The first distinction to be made between a travel allowance and the right of use of a motor vehicle is that the one is an allowance and the other is a fringe benefit. An allowance is an amount of money granted by the employer, to…

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CORPORATE GOVERNANCE – DIVIDENDS

CORPORATE GOVERNANCE – DIVIDENDS

A dividend is the distribution of a reward from a portion of the company’s earnings and is paid to a class of its shareholders. Dividends are decided and managed by the company’s board of directors, though they must be approved by the shareholders through their voting rights. Dividends can be issued as cash payments, as shares, or other property, though cash dividends are the most common. While the major portion of the profits of a company is kept within the…

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WHO IS THE EMPLOYER? THE LABOUR BROKER OR THE CLIENT?

WHO IS THE EMPLOYER? THE LABOUR BROKER OR THE CLIENT?

I was employed by a Temporary Employment Service (“TES”) to work on a fixed-term basis for a company that manufactures stationery. After working for the same client continuously for six years, I was informed that my services will no longer be needed. I want to refer my matter to the Commission for Conciliation, Mediation and Arbitration, however, who will be the responsible party? As a vast majority of employees in South Africa obtain employment through TES or commonly known as…

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PROPOSED HARSHER PENALTIES FOR APPLICANTS WHO LIE ON THEIR CVS

PROPOSED HARSHER PENALTIES FOR APPLICANTS WHO LIE ON THEIR CVS

According to an IOL report dated 31 January 2019, the number of false qualifications is on the rise in the country, with 97 national qualifications that were found to be fraudulent and misrepresented during the period of October-November 2018. Therefore, as a response to this shocking statistic, the National Qualifications Amended Bill was introduced into the National Assembly and the changes discussed hereunder could be effected. The National Qualifications Framework Act No. 67 of 2008 (“The Act”) is proposed to…

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MY NEIGHBOURS ARE RENOVATING THEIR HOUSE WITHOUT COMPLYING WITH BUILDING REGULATIONS. WHAT ARE MY OPTIONS?

MY NEIGHBOURS ARE RENOVATING THEIR HOUSE WITHOUT COMPLYING WITH BUILDING REGULATIONS. WHAT ARE MY OPTIONS?

What one’s neighbour builds on their property, is not something the owner of the neighbouring property has a lot of control over. Unfortunately, it can have a negative impact on your property if the building work completed on your neighbour’s property does not comply with building regulations. Furthermore, it can be aesthetically displeasing, and be a sore eye to your property. Is there anything you can do in terms of the law to assist you in situations like these? Buildings…

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LAND EXPROPRIATION BILL: WHAT IT MEANS FOR YOUR LANDOWNERSHIP RIGHTS

LAND EXPROPRIATION BILL: WHAT IT MEANS FOR YOUR LANDOWNERSHIP RIGHTS

During 2018, the African National Congress (ANC) announced its intention to drastically speed up the land reform process in South Africa when President Cyril Ramaphosa announced that he would be proposing changes to section 25 of the Constitution of the Republic of South Africa (“the Constitution”) to allow for the expropriation of land without compensation. In essence, expropriation of land occurs when the state takes land away from its owner for public use. Where land is expropriated without compensation, the…

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