Estate Planning 2021
As at 1 March 2021 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 000.00. […]
To support or not to support
INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant right to lateral support in favour of neighbouring properties. There was until last year some confusion as to the exact scope […]
Employees right to participate in protest action to promote or defend socio-economic interests
The global pandemic has adversely affected the socio-economic climate and many businesses are facing the harsh reality of retrenchments and closure. Employees are also facing some harsh realities such as job losses and the rise in the cost of living. Employees are entitled to express their dissatisfaction with the current socio-economic climate and the […]
Basic Conditions of Employment Act – Earnings threshold increase
The Minister of Employment and Labour, Thembelani Waltermade Nxesi, on 8 February 2021 published a notice in Government Gazette Number: 44137. Notice No: 77 which provides for an increase in the earnings threshold as set out in section 6 of the Basic Conditions of Employment Act 75 of 1997 (BCEA). Effective from 1 March […]
I Do… or I Don’t – it depends on who is asking
Are you married? It is a question we are routinely asked and seems simple enough. But two judgments coming out of the Supreme Court of Appeal of South Africa late last year have added a level of complexity to the simple question. The two cases involve marriages that took place in accordance with the […]
Liability of freight forwarders and others for theft perpetrated by employees
In the shipping and logistics industry one of the greatest risks of loss in respect of goods is theft during transit or warehousing incidental to transit. In regard to freight forwarders, warehousemen, bailees and road hauliers, there is a risk that their employees may perpetrate, or be complicit in, the theft of goods in their […]
The impact of resignation with immediate effect on pending disciplinary action
On 10 December 2020 the Labour Appeal Court in Standard Bank of South Limited v Nombulelo Cynthia Chiloane handed down Judgment in terms of which the LAC had to consider the right of an employer to continue with disciplinary action against an employee within the employee’s notice period where the employee resigned with immediate effect. […]
Exchange Control Note
A. INTRODUCTION The Minister of Finance announced further Exchange Control reforms during his 2020 Medium Term Budget Policy Statement on 28 October 2020. The Financial Surveillance Department of the South African Reserve Bank issued two Exchange Control Circulars on 29 October 2020, dealing with the following reforms outlined below. B. NEW EXCHANGE CONTROL CIRCULARS 1. […]
Contractor escapes CIDB sanction
INTRODUCTION The Construction Industry Development Board (“the Board”) was established in terms of the Construction Industry Development Board Act, 38 of 2000 (“the Act”). The Board has the obligation to promote uniform and ethical standards in the construction industry and to publish a Code of Conduct (“the Code”) for all construction related procurement and […]
Awards must achieve finality
INTRODUCTION In late 2019 the Supreme Court of Appeal (“SCA”) was called upon to deal with the question as to whether an arbitration award was unenforceable for want of having achieved finality in relation to the issues referred to arbitration. The arbitration arose out of a dispute between shareholders in a company. The shareholders agreement […]