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Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test
“PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights...
A Million Rand Warning: Act When Employees Reach Retirement Age
“Retirement is for people who don’t like their jobs” (Paul McCartney) Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy and want to remain engaged...
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!
“Consequential Loss: This is loss not directly caused by the insured event, but is an indirect result of the event. This is loss or damage that was not foreseen by the insurer or the policyholder at the time the policy was taken out. Consequential loss is in many...
Your Website of the Month: Start a New Business Fast and Lean
The COVID-19 pandemic has closed many doors, but it has also levelled many playing fields and opened up a slew of new business opportunities. If you are one of the many budding entrepreneurs out there looking to start up your own business (perhaps by choice, perhaps...
Employee Looting and Strike Violence: When Is Dismissal Fair?
Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly the “strike”...
Violence and Looting – Can You Sue SAPS?
“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if...
Noisy Neighbours – Your Rights, and Buyers Beware!
“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case”...
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?
“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business...
Your Websites of the Month: Measure and Maximise Your Business Creativity
“Creativity is the key to success” (Abdul Kalam) It’s hard to think of a successful entrepreneur who isn’t at heart creative. Creativity comes with the territory, and anything you can do to increase it has got to be good for your bottom line. The good news is that you...
Buying Property from a Company – Should You Buy the Shares or the House?
"There is never a wrong time to buy the right home" (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the...