Host of legal requirements when selling goods online
There has been a steady move to market goods and services online. Befire establishing an online presence, retailers should consider the laws regulating electronic transactions, consumer rights and data pretection to ensure that they are not exposed to unnecessary risks. Three key pieces of legislation that regulate online sales are the Electronic Communications and Transactions […]
BEE offers many roads to business ownership
For businesses that want to maintain and improve BEE rating under the general codes of good practice, securing black ownership is the key. One of the objectives of the Broad-Based Black Economic Empowerment Act is to facilitate a change in the racial composition of business ownership. In line with this, ownership holds the second-highest weighting […]
Amendments to tackle late payments by employers
The proposed amendments to the Regulations of the Construction Industry Development Board Act should have significant consequences for the construction sector. One of the stated aims of the regulations is to deal with late payment by employers resulting in the potential for contractors and subcontractors to "fund" the employer's contruction project. Main contractors usually insert […]
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 […]