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October 5, 2022

Accumulation and forfeiture of annual leave

One of the questions employers are often faced with in the employment relationship relates to the accumulation of annual leave, and more specifically, what happens when […]
September 13, 2022

Can fixed-term contracts automatically turn into permanent contracts?

In Department of Agriculture, Forestry and Fisheries v Teto and Others,1 the Labour Appeal Court (“LAC”) considered whether the termination of employees initially engaged on fixed-term contracts constituted a dismissal on […]
September 13, 2022

Think before you sign: 5 things to consider before signing a contract

The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There […]
September 13, 2022

Landlord and tenant inspections

The Rental Housing Amendment Act, section 4B (4) and (5) determines that the tenant and property owner must jointly, before the tenant moves into the dwelling, […]
September 13, 2022

Immovable property ownership and spouses

INTRODUCTION  When does a spouse who is entitled to receive a half share in immovable property become the owner of that half share? Does the real […]
August 18, 2022

I’ve been pulled over by the police, what are my rights?

Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit […]
August 18, 2022

Distributing retirement fund death benefits

Step 1: Identifying and tracing dependents. Section 37C of the Pension Funds Act places a clear and onerous duty on the board of trustees to determine […]
August 18, 2022

Deducting bond interest when using an access bond facility

You can use a loan re-advance against your house to purchase a rental property, and get the interest allowed as a tax deduction – it just […]
June 17, 2022

Transfer Duty. No Surprises. Part I

SUMMARY: A client recently wanted advice on a deed of sale pertaining to the sale of shares in a company that owned a house in Hermanus. […]
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