BACKGROUND During the course of the G20 High-Level Principles on Beneficial Ownership Transparency held in 2015, the South African Government made a commitment towards improved beneficial ownership regulation. This was followed up with a further commitment made by the Open Government Partnership during 2016, with both commitments entailing a transparent, central and public beneficial ownership [...]
In terms of Section 66(1) of the Companies Act (2008) (“the Companies Act”), the business and affairs of a company must be managed by or under the direction of its board of directors, which has the authority to exercise all of the powers and perform any of the functions of the company, except to the [...]
In this article we are taking a look at the Sectional Titles Amendment Bill 2020 (“the Bill”) and the proposed changes it will bring. The Bill was introduced by the Minister of Agriculture, Land Reform and Rural Development to the National Assembly on the 2nd of November 2020. The Bill has not yet become law. [...]
Recent widespread looting and social unrest has crippled South African businesses. The South African Special Risks Insurance Association (SASRIA) has come forward to assist businesses with insurance claims related to damages to premises and looting. Here is what you need to know about claiming from SASRIA. SASRIA is a State-owned entity created through the Public [...]
INTRODUCTION This article aims to highlight the duty and obligations of Community Schemes to ensure the protection of its owners and/or residents in the scheme, in adherence to the Protection of Personal Information Act 4 of 2013 (“POPIA”) which came into operation on the 1st of July 2021. We intend to provide you with the [...]
A CASE NOTE: BRIMBLE-HANNATH V HANNATH & OTHERS [2021] ZAWCHC 102 The Applicant (the wife of the deceased) approached the court seeking an order removing the First and Second Respondents (the daughters of the deceased) as executors of the estate of the deceased. The Applicant submitted a claim in the range of R6.2 million against [...]
The issue surrounding mandatory COVID-19 vaccinations in the workplace has remained shrouded in uncertainty ever since the introduction of the vaccine into the country. On the 11th of June 2021 the Department of Employment and Labour clarified the issue. The department issued a directive entitled ‘Consolidated Direction on Occupational Health and Safety Measures in Certain [...]
LIABILITY OF CREDITORS TO PAY A CONTRIBUTION WHERE THERE IS INSUFFICIENT OR NO FREE RESIDUE IN AN INSOLVENT ESTATE TO MEET EXPENSES, COSTS AND CHARGES OF SEQUESTRATION The following article discusses an interpretation of Section 106 read with Sub-Sections 89(2) and 14 (3) of the Insolvency Act 24 of 1936 (“the Act”) and specifically with [...]
The Constitutional Court case of Mahlangu and Another v Minister of Labour and Others [2020] ZACC 24 (“Mahlangu”) has changed the landscape for the employment of domestic workers in South Africa. The Constitution promises equal enjoyment of all rights and freedoms, protection from undue discrimination and the realisation of human dignity as a fundamental right. [...]
Does Your Pension Form Part Of Your Deceased Estate When You Pass Away? Section 37C of the Pension Funds Act 1956 (“the Act”) states that any benefit payable by a pension or provident fund (“the Fund”) upon the death of a member, shall not form part of the assets in the estate of that member. [...]
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