What to do if my persky neighbour keeps parking in the visitors parking area
“One of the residents of the sectional title scheme I live in, constantly parks his vehicle in the parking bays designated for visitors. This is frustrating as there is limited visitors parking and often visitors are forced to park outside the scheme which is...
Misconduct as a result of mental illness
In November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager of his absence; Insolence towards a superior; and Insubordination in that he refused to attend...
Mediate rather than litigate
Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a...
Can a body corporate institute action against the sectional title developer?
“In our sectional title scheme, it has become clear that many of the structures on the common property have been poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly...
The rights of a dissenting shareholder in a scheme of arrangement
“I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the...
Is Business Rescue The Most Viable Option For Struggling Business?
There has been a lot of speculation whether business rescue is indeed the way forward for struggling companies and whether it is indeed a viable option which is provided for by the Companies Act No. of 71 of 2008 (“Companies Act”). This speculation surrounding...
Are Section 12J Venture Capital Companies Truly Appealing?
In South Africa, taxpayers are often on the lookout for ways to considerably reduce their tax liability and there are several tax incentive structures that, if utilised correctly, may afford such relief. Section 12J of the Income Tax Act No. 58 of 1962 (“Income Tax...
Data intensive businesses and POPIA
“My business processes and stores quite a large amount of information relating to our clients. We are well aware of POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing...
Business interruption insurance and Covid-19
“I’m a restauranteur and have suffered massive losses during the Covid-19 lockdown. I was just wondering whether there are any insurance options I may have or could look into to make up for some of the losses in my business due to Covid-19?” To assess whether your...
How can a business rescue plan help my business in tough times?
“My business has been struggling since the start of the Covid-19 pandemic and the national lockdown. I’ve been advised to consider business rescue but I am unsure about how I will get a business plan in place and what this will entail. Can you give some guidance...











