Employment Law: Disclosing information during the interview process
Before taking on a new employee, it is natural that an employer would like to get as much information as possible about the candidate before making the decision to hire. We need this information to determine whether the person possesses the necessary skills to do the job they are interviewing for, to ascertain whether the person would be a suitable personality or culture fit for the business, and to determine whether there are any personal or other issues that could interfere with the person’s ability to perform their duties... Read More
Banking Law: Rule 46A and execution against residential immovable property
The recent changes made to Rule 46 of the Uniform Rules of Court and Rule 43 of the Magistrates Court Rules have caught the attention of the legal community.
The courts in various divisions have been applying the existing Rules regarding the procedure leading up to sales in execution against immovable residential property in different ways, trying to balance out the rights of the judgement debtors and those of the judgement creditors.
In an attempt to reach uniformity in the application of the Rules of Court and to align these with the rights enshrined in section 25 and section 26 of the constitution, the High Court Rules Board have recently made some important amendments to the existing uniform rule 46 which is mirrored in Rule 43 of the Magistrates Court Rules... Read More
Know your obligations in terms of the Financial Intelligence Centre Act
Riane Barnard and Trisa Naidu review the obligations of accountable institutions in terms of the FICA legislation:
Financial crimes such as money laundering activities, tax evasion and the financing of terrorist and related activities pose a large burden on private individuals, businesses and financial institutions. The need for an effective policy and compliance framework is therefore crucial. Fortunately, the law initially established the Financial Action Task Force (“FATF”), who together with the international environment eventually put pressure on the development of the Financial Intelligence Centre Act 38 of 2001 (“the FICA”)... Read More
CBD property developments: be prepared before you develop
Louw Malherbe considers the pitfalls of central city property development, where developers are often confronted with the unknown and have to deal with title conditions which are not always disclosed in conventional searches.
A developer wanting to develop a building project in a CBD must first and foremost instruct its legal representatives to do an in-depth investigation into servitudes, conditions and/or endorsements registered against the titles of the properties on which the development will take place. In general, and after careful investigation and perusal of present and historic title deeds, a legal representative may feel at ease to submit a positive report to the client if no restrictions are found against such Development Land that will stand in the way of the Development... Read More
Strauss Daly hosts LEGUS with their 20th anniversary in Cape Town 2015
LEGUS International Network of Law Firms will be embarking on their 20th anniversary in 2015 by presenting various informative meetings and enlightening education programs in Louisiana and in South Africa.
The South African events will be hosted by Strauss Daly, whose privilege it will be to bring the international delegates to Cape Town and showcase what the Western Cape and South Africa have to offer.
The event allows lawyers from all over the world to assemble and cultivate valuable and respected professional relationships to better serve their clients as the need for worldwide expertise expands... Read More
POPI: How it affects you
The Protection of Personal Information Act (the ‘POPI Act’) has a significant impact on the way in which organisations or entities collect, store, process and utilise information to, from and between customers, clients and employees.
The POPI Act promotes the protection of personal information processed by a public and private body. It aims to introduce certain information on protection principles to establish minimum requirements for the processing of personal information.
The POPI Act should be interpreted in a way that does not prevent a public or private body from exercising or performing its powers, functions and duties related to processing personal information... Read More
Madiba Day 2014: Strauss Daly contribute their share
Strauss Daly’s Cape Town branch contributed their share to commemorate and celebrate South Africa’s greatest icon.
They joined the “Bree Street Takeover” by partnering with the Community Chest on 18 July 2014 and brought along blankets and non-perishable food items, creating a blanket chain all the way down the street for 67 seconds.
TimesLive: “Cele to fight JZ firing despite new post”
Andile Khoza, senior director at Strauss Daly, told TimesLive recently that Bheki Cele’s appointment is a completely separate matter from President Zuma’s decision to dismiss him as national police commissioner. Cele was appointed on 1 June 2014 as the deputy minister of agriculture, forestry and fisheries.
Fraud, Corruption, Theft And Suspicious Transactions – Your Obligation To Report
It is likely at one stage in the running and management of a business, it will experience and/or be affected by the above commercial crimes. Our law does provide businesses and private individuals with various civil and criminal remedies. However it also, in certain instances, places a legal duty to report certain crimes as is more fully referred to below.
In South African law fraud is commonly defined as the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another... Read More