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Ponzi Schemes: Another MTI Judgment, Risks and Red Flags
“MTl's business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier investors with investments taken from later investors.” (Extract from judgment below) In times...
Overtime: The Importance of Agreements
“…an employer may not require or permit an employee to work … overtime except in accordance with an agreement” (Basic Conditions of Employment Act) All employers and employees need to know of a recent Labour Court judgment holding that an instruction to work overtime...
Losing Your Property to Acquisitive Prescription
“… a person shall by prescription become the owner of a thing which he has possessed openly and as if he were the owner thereof for an uninterrupted period of 30 years or for a period which, together with any periods for which such thing was so possessed by his...
Trustees: Your New Duty to Report Beneficial Owners
“National Treasury, therefore, expects that if South Africa continues to make significant improvements in effectiveness and swiftly exits grey listing, it will have a limited impact on financial stability and costs of doing business with South Africa, particularly if...
Divorce: Remember to Review Your Will!
“It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.”...
Buying Property as an Investment – Some Strategies for Success
"The only bad time to buy property is later." (Steve Bolton) Buying property – whether to live/work in or on a buy-to-let basis – could be one of the most important investments you make. Here are some strategies to help you on your way. Twelve strategies for success...
Why You Need a Shareholders’ Agreement, and How to Structure It
Whether you are forming a new company or buying shares in an existing one, a formal shareholders’ agreement, tailored to suit your particular situation and needs, is essential. What is a shareholders’ agreement? It’s a contract between shareholders outlining the...
Ombuds – Why and How to Use Them
“Who you gonna call?” (Ghostbusters) An “ombud” (often called ombudsperson, ombudsman or ombudswoman, and sometimes not referred to as an “ombud” at all) is an independent and impartial person or office who will investigate any complaint you may have against a...
Agreements Not to Sue – Tread Carefully!
“Agreements not to litigate are not necessarily unreasonable.” (Extract from judgment below) An "Agreement Not to Sue" undertakes that one party won't take legal action against another. In other words, it's a way of ensuring that disputes don’t end up in court. You...
Installing Home Solar – How to Comply with the Regulatory Requirements
“We have this handy fusion reactor in the sky called the sun; you don’t have to do anything, it just works. It shows up every day” (Elon Musk) Eskom’s no-end-in-sight loadshedding, rising electricity costs, South Africa’s abundance of sunshine, and the global move to...