Things to consider before starting your small business
by Natalie Macdonald-Govender Starting your own business is an exciting adventure, but nerve-wracking at the same time. It is important to have a well-thought out strategy when setting out to start your business. Protecting your business legally should be considered before you put any plans into action, and not an after-thought! Sole Proprietorship/ Company? What should […]
Evictions: Know the law
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE Act”) affords protection to tenants against unlawful eviction. Regarding the eviction process, the PIE Act stipulates, in general terms, the following: there are certain procedures must be followed; notice of the intention of getting a court order must be […]
Make sure your will is properly executed when you sign!
When executing a will, it is important to ensure that you have signed it correctly and in accordance with the Wills Act 7 of 1953 (the “Wills Act”). The formalities for the valid execution of a will are set out in the Wills Act. Portion of Section 2 (1) of the Wills Act, Act 7 […]
Memorandum of Understanding: Binding and enforceable or not?
It often happens that parties to a business venture have discussions which they then decide to set out in writing, encapsulating the salient points of their understanding and setting out a proposed timeline for the finalisation of the various substantive agreements to be concluded in future. These expressions of understanding and/or intent can adequately be […]
Joint ownership: How do I terminate without the co-operation of the other joint owner?
This article gives a brief overview of the nature of joint ownership, and specifically focuses on the termination of joint ownership and the remedy available to a joint owner who wants to terminate the joint ownership, but cannot achieve it because of a lack of co-operation of the other joint owner. Nature of joint ownership […]
Tobacco and e-cigarettes – The way forward
The Minister of Health released the Control of Tobacco Products and Electronic Delivery Systems Bill of 2018 earlier this year. The main focus of the Bill is to regulate where smoking can take place, together with the sale and advertising of tobacco products and electronic delivery systems, including packaging. The aim is to limit the […]
Non-resident purchasers – What to consider
We often receive queries from non-resident clients who wish to invest in property in South Africa. There are various considerations to bear in mind when purchasing property. This article briefly discusses what a non-resident should consider, before purchasing property in South Africa. Should I purchase property in my personal capacity, a trust, or in the […]
Litigation versus mediation
Litigation is the primary method of dispute resolution in the South African justice system. However, there are disadvantages attached to it, such as: the adversarial nature of the process, which often leads to further conflict between the parties involved in the litigation; the highly complex, costly and time-consuming nature of litigation; and court rolls having […]
A body corporate’s right to issue fines
In an estate or sectional title scheme, it is challenging to ensure that everyone will stick to the conduct rules. To support a harmonious living environment, the body corporate sometimes needs to enforce the rules and issue fines to the transgressors. This raises the question of what the powers of the body corporate are, in […]
Recent judgment on the placement of temporary employees by labour brokers
The Constitutional Court recently delivered a landmark judgment regarding the placement of temporary employees by labour brokers. It has become common practice for labour brokers to place temporary employees with clients. This often results in a situation where a temporary employee is placed with a client for an indefinite period, with no prospect of permanent […]
A short overview of the implications of the National Health Insurance Bill
The Minister of Health recently released the National Health Insurance Bill of 2018 (“NHI”) for public comment. The NHI Bill aims to give effect to Section 27 of the Constitution that provides that everyone has the right to access to healthcare services. The State must take reasonable legislative and other steps, within its available resources, […]
Mandela Day
For Mandela Day our staff pulled out all the stops to make sandwiches for Leliebloem house in Crawford. We also collected children’s books for the Community Chest book drive, as well as dry foods and clothing for those less fortunate. In the afternoon we delivered the sandwiches, together with juice and a personalised note for […]
Bisset Boehmke McBlain recently held our annual “Vacation Week” program.
The purpose of this week is to host law students with a view to exposing them to the practical side of the law as well as to meet legal professionals in the field. The students were given a tour of the High Court and local courts, were given an opportunity to meet counsel at the Cape […]
What to do when your loved ones can no longer care for themselves
There are several situations in life which may result in a person no longer being able to manage their financial affairs or make rational and / or informed decisions. This usually follows cases of mental illness, intellectual disability, physical disability or ageing related issues in general. To assist these people it is necessary to bring […]
We are married, but are you my spouse?
Muslim marriages in general, but polygynous Muslim marriages in particular, currently do not enjoy equal protection under South African law. Whilst waiting for Parliament to enact the Muslim Marriages Bill, the courts, in a litigious piecemeal fashion, have been attempting to address the issues faced by those married in terms of Shari’ah law. Section 2C(1) […]
Can the municipality disconnect my water and electricity?
Municipalities monitor services to a property, and may cut off the supply of said services in certain circumstances. However, municipalities also have the responsibility of remaining within the legal boundaries of managing the supply of services to properties. Accounts in arrears If one of your municipal services is in arrears, the municipality may disconnect whatever […]
What to include in a basic lease agreement
If you are considering leasing out your property, it is important that you, as landlord, and the tenant agree on your respective rights and obligations. A basic lease agreement should at least contain the below information, but in more detail: Basic information (who, where, what, duration) The details of those who are party to the […]
It’s tax season – Make sure you declare your Bitcoin gains!
Bitcoin… Ethereum… Litecoin… Dash… You may have been trading in cryptocurrencies over the past tax year. You may also have recently sold some of your long-term cryptocurrency investments. With tax season on the horizon, it is essential that firstly you declare your gains in your tax returns, and secondly that you declare your gains correctly, […]
Some helpful advice
Prepare your property insurance in advance, to ensure that your property will be insured once it is registered in your name. This can be arranged through your bank if you will be registering a mortgage bond. When you sell your property, you may pay capital gains tax to the South African Revenue Services. You will […]
The transfer process
If no transfer date is specified in the agreement of sale, registration of transfer of property into the purchaser’s name can usually take place within 2-3 months after the fulfilment of any suspensive conditions (assuming that both parties perform timeously). The seller’s conveyancer usually performs the transfer, and oversees the process. As a purchaser, you […]