Restraint of Trade Agreements – When can they be enforced?
Source: Lara Chidrawi, consultant: lara@bmalaw.co.za Restraint of Trade Agreements are valid until shown to be against public policy and therefore unreasonable and unenforceable. The employee bears the onus to prove …
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Invoice Discounting
What is invoice discounting? Invoice discounting occurs when a Client (“the Client”) enters into an agreement with another business (“the Invoice Discounter”) in terms of which the Client cedes its …
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Naming and Shaming on social media
Beware of publishing a post on Facebook or Twitter and other social media platforms, listing the name of a person (or company) that has committed some alleged transgression, to single …
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What is the legal effect of sending an SMS, instead of a letter, fax or email, to give notice or enforce a contract?
A colleague of mine, Andrew Marshall, of Dingley Marshall Attorneys, wrote this most interesting article: http://www.dingleymarshall.co.za/notice-sms-law/, which he’s happy for me to share. A “data message” like an SMS has …
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What is a Polygraph Test?
Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) WHAT IS POLYGRAPH TEST It is a test used to verify a person’s truthfulness and is often called a ‘Lie …
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Drinking and working policy
Can or should you allow a forklift driver to drive a forklift at work if you know that he has been drinking at work, but a test reveals that his …
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Sectional Title Owners – Who is responsible for Excess Payments on Insurance Claims?
Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)). In …
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Can new owners be held liable for historic municipal debt on their property?
In the case of Jordaan v Tshwane municipality, the Constitutional court handed down a judgment on 29 August 2017, dealing with the constitutional validity of S118(3) of the Local …
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Freedom Of Testation
Can I choose who to benefit in my will? In South Africa, a person can leave his or her assets to whoever he likes, with few limitations. This is called …
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No interest on loans to trusts
One way of avoiding estate duty and donations tax is to sell an asset to a family trust for a market related value. The rationale is to freeze the growth …
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Thinking of Getting Divorced?
Thinking of getting divorced? How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the person suing for divorce (the …
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Who is a Legal Guardian?
Who is a legal guardian? A client asked me when and how a person should appoint a guardian to look after minor children, on his or her death. Why is …
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