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Is arbitration a good option for solving legal disputes?

14 December 2021

Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?

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How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

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Companies Act Amendment Bill – less red tape or more?

14 December 2021

I understand there are amendments being proposed to the Companies Act? Will this help make life easier or harder for our company? It feels as if there is always just more red tape whenever the law changes.

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Who qualifies as a Black person under the BEE Act?

14 December 2021

I have a black woman that has been working for me for a number of years. She is an asset to my business and I have been planning to give her shares in my company. However, she’s from Zambia and is only a permanent resident of South Africa. Will she qualify as a black shareholder for purposes of BEE legislation if I make her a shareholder?

Article

Is arbitration a good option for solving legal disputes?

14 December 2021

Article

How should co-executors of a deceased estate act?

14 December 2021

Article

Companies Act Amendment Bill – less red tape or more?

14 December 2021

Article

Who qualifies as a Black person under the BEE Act?

14 December 2021

Article

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Can I use a drone for taking photos?

14 December 2021

I’m a wedding photographer and have started using a drone to add an additional element to my wedding photography. One of my clients however asked whether I’m allowed to fly a drone and take photos as they don’t want to get in trouble if they use me for the wedding. I thought it was ok, but now I’m not sure. Can I use a drone for taking photos and videos?

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What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement ...

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How conditional is a performance guarantee?

15 November 2021

Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?

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Share buyback? Possible, but take care!

15 November 2021

I’m a shareholder in a private company and wish to get rid of my shares to free up some cashflow. That said, I don’t want to sell to a stranger and my other shareholders don’t want to buy my shares either. One of them suggested that the company buy back my shares. Is this allowed?

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Unpacking the proposed new Employment Equity Bill

15 November 2021

My company is relatively small with only 12 employees. That said, I’ve had to comply with employment equity requirements as we qualify as a designated employer because of our company turnover. I’ve heard there are proposed changes afoot for the employment equity environment and was wondering what this may mean for my business.

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May I refuse access to my property for electrical meter readings?

15 November 2021

I am currently an owner of a residential property and I sometimes get visits from employees of our local electricity provider requesting access to the property to take a reading of the electricity meter. This is often an inconvenience to me. May I refuse them access to my property?