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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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13
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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13
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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9
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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18
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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34
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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38
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
13
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
13
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
9
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
18
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
34
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
38
Article
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Filter: Agri
Want to sell a portion of your farm? Don’t count your chickens before you have consent

11 August 2016

With the continuing drought I can no longer afford to run my entire farming operation and would like to sell... off a portion of my farm. However, as I understand it I may not subdivide my land. What is the legal position, and is there any manner in which I can do this?

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392
Article
Does POPI apply to me as a Farmer?

31 May 2016,  Ralf Schulz

I have heard people talking about POPI, what is it and does it apply to me as a Farmer? POPI... stands for ‘Protection of Personal Information’ and is an Act that was created by legislature to guide the manner in which public and private bodies obtain information about individuals, how and when they may pass on this information and how they should store the collected information.

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599
Article
Lease of Agricultural Land: What to consider?

04 February 2014

Daniel is a young, innovative and successful farmer who wants to expand his agricultural operations and begin an apple plantation... to produce apples for export purposes. The only problem is that he doesn’t own enough agricultural land to start this lengthy and expensive process. Daniel now considers entering into a long term lease agreement of 20 years whereby he will lease a certain portion of agricultural land from a nearby farmer for this new farming operation. Can Daniel do this and will such a lease agreement be valid?

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411
Article
Grondeise: Wat elke koper moet weet

25 October 2013

Die koop van ‘n addisionele stuk grond met die oog op die uitbreiding van ‘n plaas en besigheid is ‘n... opwindende, tog wesenlike besluit wat ‘n boer neem. Ooglopende faktore wat oorweeg moet word voordat die transaksie aangegaan word, is onder meer ligging, grootte, water- en kragtoevoer, asook natuurlik die finansies. Tog is daar ander onderliggende kwessies wat ‘n boer se besluit om uit te brei aansienlik kan beïnvloed. Tref dus die nodige voorsorg nou en vermy spyt later.

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397
Article
Paniek en onsekerheid vir landbouers oor hul water

30 September 2013

Grootskaalse paniek en onsekerheid heers tans in die gemoed van watergebruikers in die landbougemeenskap. Die inwerkingtreding van die Nasionale Waterwet... in 1998 het ‘n nuwe era ingelei vir watergebruik in Suid-Afrika en baie landbouers voel dat die Wet hul voortbestaan as landbouers bedreig. Hierdie artikel poog om bietjie lig te werp op die belangrikste brandpunte waaroor onkunde heers en gebeure waarvoor die Departement ‘n geelkaart behoort te kry.

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444
Article
Farm worker basic conditions of contract

29 August 2013

In general, most employees are protected by the Basic Conditions of Employment Act which sets the standard for minimum conditions... of employment. In certain cases to protect vulnerable employees in a specific sector, sectoral determinations are made which provide for minimum conditions for employees in that sector. One such sector is the farming industry where Sectoral Determination 13 regulates the basic conditions of employment and remuneration of farm workers in South Africa.

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383
Article