Is An Enduring Power Of Attorney Binding In South Africa?

Does my mom’s power of attorney endure if she can’t manage her affairs? A person has full contractual capacity if he or she can conclude a legally binding contract. A party’s contractual capacity may be affected by mental illness, intellectual disability, physical disability, head injury, an extended period of unconsciousness, stroke or extreme old age,… Continue Reading

Factoring

What is factoring? Factoring occurs when a business (“the Client”) enters into an agreement with another business (“the Factor”) in terms of which the Client sells its book debts to the Factor, generally on an ongoing basis, for a fee plus interest.  The benefit is that the Client receives payment immediately and the Factor collects… Continue Reading

Getting Fired Without Getting Fired: A Constructive Dismissal

What Constitutes Constructive Dismissal? Getting Fired Without Getting Fired: A Constructive Dismissal By Lucky Moloi  A situation may occur whereby an employee “gets fired without getting fired”. This occurs, for example, when an employee who instead of being a vice president within the company, finds himself/herself as a “special projects manager”. This is another form… Continue Reading

Basic Conditions of Employment Act, 1997 summary

A summary of the provisions of the most important sections of the Basic Conditions of Employment Act, 1997 to be kept by an employer Department of Labour No. R. 936                                          25 July 2002   BCEA 1A (Regulation 3) BASIC CONDITIONS OF EMPLOYMENT ACT, 1997 SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMS OF SECTION… Continue Reading

Insolvency

When you are unable to pay your debts Insolvency Reproduced with permission from Readers Digest ‘You and Your Rights’  When you are unable to pay your debts When you cannot pay your debts (because they exceed your assets), you are said to be insolvent. Although insolvency itself is not a crime, criminal charges can often follow… Continue Reading

Surviving insolvency

Studies in America revealed that insolvents were better off than the people who continued to battle through their bills in a ten-year period. Provided of course that they did not take on any new debt. Surviving insolvency  Iona Minton Thu, 21 Jul 2005 This article is a printout from iafrica.com Copyright © 2000 iafrica.com*, a division… Continue Reading

Must Sales Of Investment Properties Be Advertised In Accordance With Section 34 Of The Insolvency Act?

It can now be accepted that sales of “letting enterprises” do not have to be advertised in terms of Section 34 of the Act. Must Sales Of Investment Properties Be Advertised In Accordance With Section 34 Of The Insolvency Act?   22 February 2006 Source: Article by Frans Van Hoogstraten of Werksmans Incorporated Originally published in… Continue Reading

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