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Violence and Looting – Can You Sue SAPS?

27 Jul 2021
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“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if they fail to...

Noisy Neighbours – Your Rights, and Buyers Beware!

27 Jul 2021
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“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case” below)  Consider...

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

27 Jul 2021
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“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business rescue.   ...

Your Websites of the Month: Measure and Maximise Your Business Creativity

27 Jul 2021
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“Creativity is the key to success” (Abdul Kalam) It’s hard to think of a successful entrepreneur who isn’t at heart creative. Creativity comes with the territory, and anything you can do to increase it has got to be good for your bottom line. The good news is that you can train...

Buying Property from a Company – Should You Buy the Shares or the House?

28 Jun 2021
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“There is never a wrong time to buy the right home” (Anon)     You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the...

Spousal Maintenance After Divorce and the “Clean Break” Principle

28 Jun 2021
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“The clean break principle after divorce has found resonance with our courts for many years.  The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our courts always...

R4m Damages for a Workplace Sexual Assault

28 Jun 2021
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“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual assault or...

Bodies Corporate: Before You Sequestrate to Recover Arrears…

28 Jun 2021
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“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt...

Your Website of the Month: How to Plan and Hold Virtual Board Meetings

28 Jun 2021
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Virtual meetings are here to stay. Make the most of them with “Optimising the virtual boardroom: A guide to planning and executing virtual board meetings” from Nasdaq Governance Solutions on Moneyweb. Learn how to – “Build a virtual board table” (“creating a virtual seating...

11 POPIA Questions to Ask Yourself Before 30 June 2021

27 May 2021
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Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights. You and your business are at substantial risk if you aren’t fully compliant with POPIA...
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T. 021 554 4882
F. 021 554 0991
E-Mail: info@lublaw.co.za

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P.O. Box 11476, Bloubergrant, 7443, Docex 3, Blouberg

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