Monthly Archives: March 2014

Employment Law: Benefits whilst on Maternity Leave

Every employer strives to become an employer of choice, offering a variety of employee benefits to attract and retain quality staff. A medical aid contribution is one of the most common additional benefits offered to employees, as well as a provident fund contribution being a fairly common benefit that is offered.

It all sounds good and well, however the question that arises is, whether the employee is, according to law, still entitled to these benefits during maternity leave?

According to South Africa’s Basic Conditions of Employment Act (BCEA), all employees are entitled to four consecutive months of unpaid maternity leave... Read More

Civil Procedure: Common law grounds for a rescission application: Moshoeshoe and Another v Firstrand Bank Ltd and Others


The applicants (Mr and Mrs Moshoeshoe) concluded a loan agreement with the first respondent (Firstrand Bank hereafter “the bank”) to purchase their home.  The property was pledged as security and the applicants elected the property address as their domicilium citandi et executandi. However, this address was incorrectly recorded. The applicants drew the error to the conveyancing attorney’s attention, who assured them that it wasn’t important, as well as the bank. It was the failure to correct this error which led to the unfortunate trail of events resulting in the current application... Read More

Company Law: Disposal of a company’s assets and financial assistance to third parties or the directors of the company

Disposal refers to an act of giving away or selling assets to another person or company. Should the company intend to dispose assets or undertaking, special resolution which gives effect to the aforesaid disposal needs to be adopted. It is however vital that such disposal be effected in accordance with the requirements set out in the Companies Act as non-compliance of the Act may render such disposal null and void. A special resolution, which also adheres with the requirements set out in the Companies Act, needs to be adopted in case of financial assistance by the company... Read More

Banking Law: Amendments to the NCA and the impact of the Proof of Income Regulations

Credit providers were required to take reasonable steps to assess whether a consumer will be able to afford making payments, before entering into a credit agreement. The National Credit Amendment Act 19 of 2014(NCAA) containes Regulation 23A[1] which is the ‘criteria to conduct the affordability assessment’ and which sets out clear guidelines for credit providers to be applied when assessing a particular customer’s affordability.

Credit providers complied with the new regulation; most of the banks already had incorporated proof of income documentation as a standard component to their affordability assessment processes... Read More



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