Directors: The Steinhoff Debacle Highlights Your Exposure to Personal Liability

The “new” Companies Act of 2008 promised to place greater accountability and liability burdens on directors. This was in response to directors being given greater powers in the Act. Importantly, the Act does not distinguish between non-executive and executive directors.     What is required of you as a director? A director is to act in

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Wills and Estates: Cost of Dying Rises with Master’s Fees Increase

If you are inheriting from someone who passed away on or after 1 January 2018, don’t blame the estate’s executor for one substantially-increased cost you may notice – Master’s Office fees. They are calculated on the value of the deceased estate and were long overdue for an increase, going up sharply from the old maximum

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Can You Still Sell As Is? CPA v The Voetstoots Clause

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause. Firstly, what’s the difference between “patent” and “latent” defects? Before we get into the meat of this question, let’s understand two important terms –

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Employees be Warned!  A Conflict of Interest Can Get You Dismissed

“Honesty is the best policy” (Benjamin Franklin) Employees have a general duty to act loyally, honestly and in their employers’ best interests, and amongst other things that entails avoiding any possible conflicts of interest. A recent Labour Court decision confirms that any breach of this duty risks dismissal. A long-service municipal employee dismissed An employee

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Security Estates:  Are Your Rules Enforceable?

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When you choose to buy into a security estate or other community scheme, you will invariably

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