BR v Liquidation

Liquidation or business rescue – what is the difference?09 August 2017 “My family company has been operating successfully for nearly 20 years. Over time I’ve also managed to get a few investors into the business. The last year however has been tough and we are struggling to make ends meet. I feel its decision time about the future of the […]

Exemption clauses

Much has changed in the legal landscape surrounding exemption clauses from when the landmark case of Durban’s Water Wonderland (Pty) Ltd v Botha 1999 1 SA 982 (SCA) was decided. In that case, the court had to decide on the enforceability of a disclaimer notice when the plaintiff and her daughter were flung from a jet ride in an amusement […]

Privacy rights in SA – Facebook

Privacy rights in SA – Facebook Please see below for an important case dealing with the question whether an aggrieved party has a right to privacy when evidence about him has been obtained unlawfully obtained from Facebook. Feel free to share it with your colleagues and clients who might find it of interest. You are also welcome to contact me […]

Deceased estates – disputes

disputes over a deceased relative’s estate 22 May 2018   If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary troubles. The Administration of Estates Act, 1965, determines what must happen with an estate after a person’s death. There are […]

Public warning

Public warning BEWARE OF THIS ATTORNEY: MS SHAIK, NIRVANA, POLOKWANE FOUND IN POSSESSION OF STOLEN TITLE DEED                                                                          IN CONTEMPT OF HIGH COURT ORDER TO […]

Trust

Trust “My wife and I are discussing providing for the creation of a testamentary trust in our will to take care of our minor children upon our untimely death. I’m worried though that if we establish a trust, it may be too rigid to deal with the changing circumstances of our children. Can the trust be changed after our death […]

Bitcoin

Bitcoin What happens to my Bitcoins when I die? 08 March 2018   “I’ve started buying Bitcoins as a form of investment. I am aware that is a virtual currency and that different rules apply to Bitcoins. But I’m know starting to wonder how I can ensure that I transfer my Bitcoins to my heirs when I die?” Bitcoin is […]

Lapsed firearm licence

Lapsed firearm licence

Lapsed firearm licence   “I own a firearm which has always been validly licenced. I was out of the country for a few months with work this year and was unable to renew my licence before its expiry in June. On my return I went to the police, but they told me that because my licence was not timeously renewed […]

water meter

water meter Who must prove that the water meter is not working? 16 November 2017   “I’ve really tried to cut down on my water consumption and over the last year it‘s been very low. However, over the past 3 months my municipal water accounts suddenly more than tripled. Knowing this cannot be right I queried my accounts with the […]

Expropiation of land

The ANC national conference decided its National Executive Committee (NEC) would start the process towards a constitutional amendment of Section 25, or the Constitution’s property clause, to make possible land redistribution without compensation. There is a carefully phrased and potentially crucial rider: a sustainability test to ensure such redistribution does not negatively impact on the agriculture, food security or other […]