I’m Always Angry. How to Stop Being So Angry All the Time One of the causes of divorce is uncontrolled anger on the part of the husband or wife. Here are useful tips to contain and control the anger and save the marriage. Source: Rebecca Temsen <https://www.selfdevelopmentsecrets.com/always-angry-how-to-stop/> In life, we have to put up with… Continue Reading
The Application (or not) of Ubuntu in Commercial Contracts
In Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166 (29 November 2017) the Supreme Court of Appeal was asked to decide whether a contract can be terminated without first negotiating in good faith because of ubuntu. The full bench held that it is not competent for a Court to import a term not… Continue Reading
Advantages of a Living Trust
The Advantages of a living trust can be summarized as follows: Estate planning. The freezing of value. Tax planning Preservation of assets after death. Protection of assets from creditors. Protection against spendthrift children. Protection of a vulnerable spouse after your death. Protection of minor and/or vulnerable children. Income tax splitting. Assuring rapid access to income… Continue Reading
What Laws Apply to Keeping a Dog in a Sectional Title Complex
A client complained that her body corporate won’t allow her to keep a small dog in her unit, and asked me about her legal rights. The first place to look is in the conduct rules of the complex. Annexure 9 of the Sectional Title Act states that the keeping of pets in a sectional title… Continue Reading
Rights and Responsibilities of the Chairperson
The Chairperson of a body corporate – what are his or her rights and responsibilities? The chairperson’s role should be to ensure that trustee meetings are conducted fairly and democratically. The chairperson must act impartially. Prescribed Management Rule 18 (“PMR”) of Annexure 1 of the Regulations to the Sectional Title Schemes Management Act, the chairman… Continue Reading
Maintenance v Improvements
Is your sectional title complex looking a bit tired? Sectional title maintenance and improvement Maintenance The trustees of your body corporate need to maintain the complex (to keep it more or less in its original condition). These items are provided for in a budget that deals with routine maintenance and provision for unforeseen expenses. The… Continue Reading
Must a contract be in writing to be binding?
Elements of a contract A contract consists of an offer by the offeror (the seller or service provider) to the offeree (the buyer or client) to buy goods (movable or immovable) or services, for an agreed price or fee; A contract becomes binding when the offeree accepts the offer; Obviously, there must be agreement as… Continue Reading
The Registered Office of a Company
Change the registered office of your company! As a result of recent High Court decision, it will no longer be possible for a company to use an address chosen for convenience (e.g. of its auditors) as its registered address. Company management should ensure that CIPC’s records reflect the company’s registered office as the address of… Continue Reading
Boilerplate arbitration clauses
Does your clause cover what you want it to cover? In the case of North East Finance (Pty) Ltd vs Standard Bank of South Africa Ltd 2013 (5) SA 1(SCA) the Supreme Court of Appeal (SCA) made it clear that where an agreement has been brought about under fraudulent circumstances, and is therefore invalid, a… Continue Reading
Parental Alienation
Source: Shando Theron, Head of the Matrimonial Law Department at Theron & Theron Attorneys in Johannesburg, www.divlaw.co.za. WHAT IS PARENTAL ALIENATION? It is a recurring problem that affects many families who experience high conflict, separation and divorce. It is the situation where one parent (the alienating parent – usually the mom) encourages the child to… Continue Reading
