Articles
NEWS ITEM
The Corporate Veil Explained
A company is a juristic entity with a legal identity that is separate from its members. This means that the company has the capacity to conclude contracts, purchase goods and services, and institute legal proceedings against others. Conversely, a company may...
Is the Common Law derivative action available to Close Corporations?
A derivative action is an action instituted by a person on behalf of a company to protect a company's legal interests. It is a well-known remedy for companies, but what is the position in the Close Corporations Act 69 of 1984 (“Close Corporations Act”)? Yes, existing...
New Rules For The Property Sector
President Cyril Ramaphosa has signed the Property Practitioners Act 22 of 2019 (“PPA”) into law. Previously we were uncertain as to when the obligations under the PPA would take effect. However, it has now been determined that the PPA is to commence application as of...
Testing the Limits of the Protection of Personal Information Act 4 of 2013 (POPIA)
The movement towards data protection and data privacy has been topical internationally. For example, in South Africa, POPIA regulates the lawful processing of personal information as the General Data Protection Regulation("GDPR") regulates Europe. In countries like...
Nasciturus Fiction – Inheritance for an Unborn Child
Since the start of the Covid-19 pandemic, many South Africans have been forced to become more aware of their own mortality. As a result, they had to start making profound choices about their future and think more about the well-being and future of their children. To...
You bought it, Voetstoots!
Sale agreements commonly include a clause stating that the item or property is purchased from the seller voetstoots. This means that the buyer acknowledges that s/he has purchased the property as it is, with all its perfections and all its imperfections. The clause...
Business Litigation: Unpacking the Dreaded Term… Debt Collection
It is not uncommon for businesses to sell goods or services to consumers on credit. However, once a consumer has accepted a credit agreement, they become liable for the payment of that debt, usually by way of monthly instalments. Therefore, when a consumer defaults on...
Dismissal for Refusing to Vaccinate Against COVID-19
The South African government's official website indicates that the country has 46.2% of its adult population (over 18 years of age) vaccinated. This is quite substantial; however, many employees are still deciding whether to vaccinate and are concerned that their...
Matric Results To Be Published Publicly
The Department of Basic Education has announced that matric results would cease to be published on public platforms. The decision was taken to comply with the Protection of Personal Information Act (‘‘POPIA’’). However, in a recent urgent application to the North...
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