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 [...]

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. [...]

WHEN WILL THE PPA COME INTO OPERATION? Although the Property Practitioners Act 22 of 2019 (“PPA”) has been signed into law by the President, the date when it will come into operation must still be announced. OBJECTIVES OF THE PPA The principal object of the PPA is to repeal the Estate Agency Affairs Act 112 [...]

INTRODUCTION Over the years many South Africans have been recruited to invest their hard-earned money, life savings, and even funds obtained on loan, into what they believe to be a legitimate business venture. Vulnerable people are lured in by companies that predominantly advertise on social media platforms. The aim of such advertising is to solicit [...]

In this article, we will be examining what the concepts of multi-level marketing (“MLM”), Ponzi- and Pyramid Schemes are, with the aim to equip readers with sufficient information to draw a distinction between them. WHAT IS A PYRAMID SCHEME? In South African law a pyramid scheme is defined in Section 43(4) of the Consumer Protection [...]

The comments in this article are based on SARS Binding Private Ruling: BPR50 WHAT IS THE STATUS OF A BINDING PRIVATE RULING (“BPR”) BY SARS? The Tax Administration Act 28 of 2011 provides for a process whereby a taxpayer can apply to SARS for an advance tax ruling on a transaction that is still to [...]

WHAT IS THE PROCEDURE FOR ASSETS REGISTERED IN THE NAME OF THE DECEASED? When a person passes away, his assets and liabilities form part of his deceased estate. In the administration of deceased estates, we have found that many clients who are the beneficiaries in an estate, believe that if the Will and Testament names [...]

THE RISK OF SECTION 3(3)(d) OF THE ESTATE DUTY ACT WHAT IS A TESTAMENTARY RESERVATION IN A TRUST DEED? A testamentary reservation is a stipulation which is often found in trust deeds for especially family trusts in terms of which the founder or one of trustees will have the power to prescribe the distribution of [...]