When Co-Executors Lock Horns

A difference in opinion is sometimes inevitable whenever a decision has to be made jointly amongst a group of people, and often at times this results in confrontations and disputes. In some instances, these disagreements often have to be resolved before the Courts or by any other dispute resolution process available. In most contracts even, parties usually provide for a dispute resolution process should a dispute arise during the currency of the agreement. What happens when, during the administration of a deceased estate, the co-executors do not agree with each other?

When A Trustee Cannot Be Trusted

The responsibilities and obligations of a Trustee are fiduciary in nature, much in the same way as those of a company director. Trustees ought to conduct themselves in a manner that serves the best interests of the trust and the beneficiaries. Where the conduct of a trustee negates this notion therefore, he/she may be removed from such position.

Binding General Ruling (VAT) 57 - A Brief Analysis

On the 20^th of October 2021, the South African Revenue Service (SARS) issued BGR 57 to clarify the position on whether, for tax purposes and the calculation of notional input tax deduction, the term ‘consideration’ includes an amount paid or payable as transfer duty when a second-hand fixed property is purchased by a VAT vendor from a non-vendor.

Before we delve much into Binding General Rule (VAT) 57 and its effect, let us give this scenario a bit of context.

Is A Refusal To Vaccinate "A Refusal To Make The Workplace Safe?" CCMA Agrees, But...

Legal discourse in the past year (2021) has been awash with discussions surrounding the issue of mandatory vaccination not only in the workplace, but also in various sectors of the economy. To date the vaccination drive is on voluntary basis for the general populace and some sectors of trade and industry, although the business community has vigorously pushed for the government to consider and pursue policies on vaccine mandates for employees. As per the Occupation Health and Safety Act 93 of 1995 employers have an obligation to ensure and provide a safe working environment.

Things To Avoid When Applying For A Protection Order

The prevalence of domestic violence incidences in our society currently, is worrying. A good number of such cases do not get reported due to various dynamics such as the perpetrator threatening the victim, or the victim being persuaded by other family members to not report the perpetrator as he/she is the ‘only bread winner’ in the family. Amidst all this, to have protection order applications being thrown out by the Courts, is not encouraging at all. In this brief article we discuss some factors which may cause a protection order application not to succeed.

POPIA Act - Court Rules Matric Results Must Be Published But…

On 18 January 2022, the North Gauteng High Court delivered a ruling to the effect that the Department of Basic Education must publish the matric results of learners in the media as was the practice before. City Press and the Mail & Guardian reported that the Court, however, made it a point that the names and surnames of the learners must not be published.

When A Dog Bites Into Your Pocket - Harm Caused By Pets

When one decides to get some barks for a buck, it is important to ensure that the animal is not a danger to third parties, let alone to the owners themselves. Pets are symbols of tender love and loyalty to those who own them, but things may indeed turn south if the animals are provoked. Necessary measures ought to be put in place so as to ensure that attacks by pets are eliminated.

Dept of Basic Education to Stop Publishing Matric Results

In a recent statement the Department of Basic Education announced that it will discontinue the publishing of matric results in the media, to comply with the Protection of Personal Information Act 4 of 2013 (POPIA).

Stopped For Drinking and Driving in South Africa? What Is Next?

As we put the festive season behind us, many people who had travelled to various holiday destinations will be heading back to where they are ordinarily based.

Domestic Violence Amendment Bill - Progress Or Retrogress

The concept of law as it is known, ought to adapt to the changing requirements and needs of the society that it seeks to regulate. It would definitely be a disservice if this did not occur.