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Inter Vivos Vs Testamentary Trusts
A trust is an arrangement that is set up and registered, whereby the trustees hold assets, without owning such assets, and where such assets are held for the benefit of the beneficiaries of the trust. When dealing with the administration of property there are...
Dealing with Decision-Making Deadlocks in Private Companies
Effective decision–making is an essential part of running any business or company. In essence, companies are governed by the democratic principle on both shareholder and board levels. This means the majority rules both on the shareholder and on the board level. What...
Unpacking Affirmative Action in the Workplace
What is affirmative action? Affirmative action is a mechanism or measure provided for in the Employment Equity Act No. 55 of 1998 (“the Act”) that aims to “ensure that suitably qualified people from designated groups have equal employment opportunities and are...
Merry Christmas! Happy 2023!
As the end of the year approaches, it’s time to take stock and re-evaluate. We express our sincere gratitude for the support from all our clients, suppliers and stakeholders. It’s time to be thankful for the blessings of the year and re-strategize for the coming year....
“Guardians of the Galaxy”
Guardianship of children is vital to the children's and the parents' lives. A parent or a person who wishes to apply for the sole guardianship of a child must understand what is expected of a guardian. Legislation In terms of section 18(2)(b) section 18(3) of the...
Spousal Donation of Gifts, Divorce and Gross Ingratitude
The concept of gross ingratitude derives from Roman Dutch Law and it holds that where a donee of a gift acts with gross ingratitude towards the donor, the donor in question may revoke the donation. The principle was developed Mulligan v Mulligan 1925 W.L.D 178 at 180...
A Penny for Your Thoughts?
Sadly, as the country is slowly recovering from Covid 19, most companies have not recovered from Covid 19 and found themselves unable to make ends meet. The only way out would be to declare the Company insolvent and start with the liquidation process. This article...
“I did not read the Contract Properly” – Caveat Subscriptor
"I did not read the contract properly." – barely a week passes before we hear these words from clients again. The Caveat Subscriptor principal is a Latin term loosely translated: "let the signer beware." In Burger v Central South African Railways[1], the Supreme court...
The Three “V’s” Of Contracts
Whether it be entering into a contract or simply trying to enforce contractual terms, contracting parties are often faced with terminology and phrases that they have not been faced with before and the consequences of which they may not fully appreciate. As a rule of...
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