Legal Articles

The 8 in Section 8 – Acts of Insolvency

When an entity cannot pay the debts they owe as and when they become due, or where their liabilities exceed their assets, such party is considered insolvent in South African law.

In the latter case this effectively means, even if the party were to liquidate all their assets to settle liabilities, it would still not be enough.

Declaration of insolvency status is done by the Courts.

How is a Trustee Removed? Our Attorneys Answer

The essence behind a Trust is the transfer of ownership of property from the Trust Founder to the Trust, while putting its control under the Trustees, for the advantage of the beneficiaries. The duties and responsibilities of the Trustees are fiduciary in nature and as such they must perform them with good faith, honesty, diligence, skill and uphold the best interests of the Trust and its beneficiaries.

Mandatory COVID-19 Vaccination – Your Rights as an Employee

Now that the Department of Labour issued a Directive on 11 June 2021 with regards to mandatory vaccination policies in the workplace, it is crucial for employees to know what their legal position is in this situation. This article will attempt to present a guide of general application to employees so as to outline what their legal position is in terms of mandatory vaccination in the workplace.

How to Successfully Claim from the Road Accident Fund

It is not all Road Accident Fund claims that are successful, owing to shortfalls in the technical and legal aspects pertaining to the lodged claims. This happens mostly because many claimants will be lost in the excitement of anticipating a lump sum and not putting pen to paper on the important aspects and requirements that must be satisfied before lodging a claim.

The Dilemma of Mandatory Vaccination in the Workplace

To achieve a safe working environment employers must adopt interventions and put measures in place that are necessary to do so. The Covid-19 virus has become the latest threat to workplace safety and employers are in a fix on how to approach the delicate issue of ensuring the safety of their employees against transmissions in the workplace.

The Advantage of Creditors Requirement in Sequestration Proceedings

During voluntary surrender proceedings the debtor must prove that it will be, whilst in terms of compulsory surrender proceedings the creditor must only show that there is reason to believe that sequestration will be to the advantage of creditors.

Transferring Hereditary Assets into a Trust

The sale of the assets is one of the most prominent ways of distributing assets. However such sale needs to be at market value, which can be achieved by getting two different valuations and declaring the average. However, the sale of assets such as property and company shares will invite Transfer Duty and Capital Gains Tax. 

The Community Schemes Ombud Service Act of South Africa

There is often conflict when there is shared responsibility for land and building and, the CSOS aims to manage operations and provide efficient and cost-effective methods for dispute resolution within community schemes.

How Has COVID-19 Affected the Market Value of Property in SA?

Although South Africa breathed a collective sigh of relief as President Ramaphosa announced the start of lockdown level three as of the 1^st of June, it’s no doubt that COVID-19 has had a severe impact of the market value of property in South Africa.

Things to Consider in a Divorce Agreement – Part I

The decision to get divorced is not an easy one for couples to make as it’s the first step to a process which can be time consuming as well as emotionally and financially draining.