All you need to know about coronavirus: www.sacoronavirus.co.za
Does a trust need to register as a homebuilder? Each year, hundreds of new homes are constructed by commercial developers around the country. To regulate this industry, the Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) established the National Home Builders Registration Council (the “NHBRC”). This Council aims to, among other objectives, “represent…
Emoluments attachment order vs Garnishee order. Once judgment is granted in your favor for a debt owed to you or your business, you may feel that you have come to the end of a long and frustrating battle to claim what is rightfully yours. Unfortunately, this may not be the end of the road just…
Initiating Divorce Action where the Defendant’s whereabouts are unknown to the Plaintiff A marriage may be dissolved by a court by a decree of divorce on the grounds of an irretrievable break-down of the marriage, mental illness or unconscious consciousness, as provided for in section 3 of the Divorce Act, 70 of 1979 (“the Act”).[1]…
In Albaraka Bank Ltd v Halaal Royal Snacks (Pty) Ltd, the court emphasized that, “there is nothing intrinsically wrong, unlawful or contrary to public policy in banking transactions being entered into according to the Sharia law[/Islamic Law].”[1] The court went on to point out that, “banking transactions according to Sharia law is a rapidly growing…
The Lifelines for Agreements to Agree and Agreements to Negotiate in Good Faith In order for a contract to be valid, it needs to fulfill certain requirements. Firstly, the parties entering into the contract need to have the capacity to do so. Secondly, there needs to be a meeting of the minds on the…
A dismissal is unfair if it is not effected for a fair reason (substantive fairness) and in accordance with a fair procedure (procedural fairness).[1] There are three grounds on which a termination of an employee might be legitimate, namely conduct, capacity and operational requirements.[2] The Code of Good Practice provides for guidelines relating to dismissals…
Following the commencement of the Companies Act 71 of 2008 (hereafter referred to as the “Act”),[1] Business Rescue Proceedings have been introduced as a mechanism to assist with the rescue and recovery of financially distressed companies in such a manner that it balances the rights and interests of all relevant stakeholders.[2] The purpose of this…
Following the commencement of the Mineral and Petroleum Resources Development Act[1] (MPRDA) in 2004, the State is now the custodian of the mineral and petroleum resources in South Africa.[2] As such, the Minister of Mineral Resources is empowered to grant prospecting rights and mining rights after certain statutory requirements have been satisfied. One such requirement…
Although not defined in the National Credit Act 34 of 2005 (the Act), nor in the Regulations thereto, “blacklisting” is a far too familiar concept to most South African consumers and businesses. “Blacklisting” can be defined as the submission of negative payment information to a registered credit bureau. (LS Crawford v JD Group Limited 2015)…
Lanham-Love Attorneys together with The High Street Auction Co, Euro Steel and Bidvest are delighted to announce their commitment to Mandela Day 2017.