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Neighbours Behaving Badly: Illegal Buildings and Demolition Orders

27 Jan 2023
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“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures on their land and then present the authorities with a fait accompli created...

Suing a Degree-Forging Employee for R2.2m

27 Jan 2023
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“Oh, what a tangled web we weave when first we practice to deceive” (Sir Walter Scott, quoted in the judgment below) It’s a sad fact of life in today’s business world that as an employer you must remain constantly on guard against the dangers of “CV fraud”. First prize of course...

Tell All Your Creditors When You Change Address! The Case of the Summons Served on a Complex Security Guard

27 Jan 2023
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“In my view, given the difficulties of a sheriff or his deputy accessing a security complex in the absence of the occupant for the purposes of service in terms of rule 4, service of process by way of it being handed to the security guard at the complex, a responsible employee...

Check All Emailed Bank Details for BEC (“Business Email Compromise”) Frauds

27 Jan 2023
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“…sending bank details by email is inherently dangerous, and so must either be avoided in favour of, for example, a secure portal or it must be accompanied by other precautionary measures like telephonic confirmation or appropriate warnings which are securely communicated.”...

Budget 2023: The Minister of Finance Wants to Hear from You!

27 Jan 2023
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“Finally, we pay tribute to the millions of South Africans, whose resilience and courage during these times of pandemic and economic hardship, is an inspiration to all of us who have the privilege to serve in the public sector.” (From the 2022 Budget Speech) Finance Minister...

New Year, New Business – How to Pick the Right Legal Entity for It

03 Jan 2023
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 “Owning one’s own business is an adventure – enjoy it every step of the way.” (From the SME Toolkit article referenced below) First, three questions to ask yourself… If you dream of going into business for your own account in 2023, ask yourself these questions before you get...

When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?

03 Jan 2023
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“A kustingbrief … has long been recognised as a superior front-ranking form of security.” (Extract from judgment referred to in the article) You accept a great offer on your property, the sale agreement is signed and the buyer pays the deposit. You put the champagne on ice. But...

Living Wills: 6 Myths Busted

03 Jan 2023
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Health issues and mortality are facts of life, no matter how remote they may seem at the moment, nor how distressing they are to contemplate. For your family’s sake as well as for your own, make sure that you have a Living Will (or another form of “advance healthcare directive”...

“Double Jeopardy” for Tax Evasion – Penalties plus Prosecution

03 Jan 2023
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“Administrative penalties and criminal proceedings do not serve the same purpose. The [one] is aimed at strengthening internal controls of the administrative authority and to promote compliance while the other is aimed at correcting a behaviour that caused harm to the society.”...

Websites of the Month: Community Schemes – “CSOS Connect” Services Going Live

03 Jan 2023
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If you are in a Community Scheme such as a Sectional Title development or a residential complex with a Homeowners Association (HOA), keep an eye on the “Shared Living” magazine from the CSOS (Community Schemes Ombud Service) on its Newsletter page. Most of the articles are...
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