Expropriation – What’s fair compensation?
The state has indicated it now intends to use statutory mechanisms to achieve land reform. Currently before Parliament are the Expropriation Bill and the Promotion and Protection of Investment Bill. The state has also published a draft bill on the Preservation and Development of Agricultural Land. These bills are likely to be used by the […]
Particulars of employment must be supplied in writing
Employers sometimes express concern over the absence of letters of appointment in their business, often voicing uncertainty over the consequences. Some employers also confuse the concept of a letter of appointment with that of a contract of employment. Firstly, it is important to understand and appreciate that the existence of an employment relationship is not […]
Ask for a deposit and include a penalty clause
If you have just sold your home and put in an offer for your dream home, what would happen if the purchaser of your existing home did not follow through with the sale? Revovering your lossed where you have cancelled the sale due to the purchaser's breach cab be a costly and time consuming exercise. […]
Cancellation of abandoned servitudes
It is not uncommon for a property to be subject to a servitude in favour of a neighbouring property. A servitude can take a number of forms, amongst others, a right of way servitude giving the holder of the servitude the right to cross the other property or a pipeline servitude giving the holder of […]
Container demurrage – a modern phenomenon
Importers and exporters are often left without recourse to challenge container demurrage bills incured by shipping lines through no fault of their own. However, recent developments in London have raised som issues to take note of. Container demurrage is often viewed as a contractural penalty charged by shipping lines where generally speaking, the re-delivery of […]
Private companies and takeover regulations
The 2008 Companies Act created the Takeover Regulation Panel to regulate certain transactions affecting companies. The main purpose of the Panel is to look after the interests of minority shareholders by ensuring that certain information is available to shareholders whenever a company takeover occurs. With this information,shareholders can fully consider their position and make an […]
Suretyships by spouses married in community of property
In terms of Section 15 (1) of the Matrimonal Property Act 88 of 1984 ("the MPA"), both spouses have equal powers to deal with the assets of the joint estate, without the consent of the other spouse. This power is limited in terms of sections 15(2) and 15(3) of the MPA. It is a requirement […]
The cost of property ownership
Acquiring a property gives rise to a number of costs. These include, amongst others, transfer duty or value added tax payable to the South African Revenue Services, conveyancing fees payable to the transferring attorneys, deeds office registration fees payable to the deeds office, advance payments of rates due to the municipality and levies due to […]
Private Parties in public construction projects
South African public construction projects are increasingly being funded by private entities by wasy of Private Public Partnerships (PPPs). PPPs are provided for in both national and municipal legislation, and can be defined as a contract between an organ of state and a private party which performs an institutional function or uses state property, and […]
Cox Yeats leads in personalised expertise
Cox Yeats may have celebrated its 50th anniversary last year, but the firm’s fresh, innovative approach continues to keep it youthful and relevant. Having recently achieved its third PMR.africa Diamond Arrow Award for the Best Small Law Firm in South Africa, Cox Yeats’ story bears testimony to the power of solid foundations, a compelling vision […]