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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When Crime Doesn’t Pay:  VAT Fraudsters Behind Bars for 25 Years

Honest taxpayers, particularly those struggling to get legitimate refunds out of SARS whilst its fraud prevention systems grind along slowly, will hope that potential tax cheats take fright at the stiff sentences handed down recently to three company directors. They were convicted of submitting 198 fraudulent VAT returns over a 3 year period,  involving a

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Directors: Watch Your Liquidity and Solvency!

Nothing is more demoralising than running into financial difficulties. Suddenly all your energies are focussed on survival rather than growing the business. The fun goes out of the organisation, rumours of retrenchment flourish and if management aren’t careful, the rumours can become self-fulfilling. The importance of liquidity and solvency ratios Since the “new” Companies Act

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Creditors and Debtors: Important New Prescription Judgement

“Running into debt isn’t so bad. It’s running into creditors that hurts” (Unknown) Debts prescribe (become uncollectable) after a specified period of time – 3 years for most run-of-the-mill debts but 30 years for others such as judgment debts, mortgage bond debts, property rates and tax debts. Various other periods apply to specific statutory debts

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