In our previous article, we discussed the importance of conducting a personal information assessment. This is required by Regulation 4(1)(b) of the Regulations published in terms of POPIA which places a legal obligation on responsible parties to perform a personal information impact assessment to ensure that adequate measures and standards exist in its business in [...]
ARTICLE 1 IN A SERIES ON POPIA THE IMPORTANCE OF PERSONAL INFORMATION IMPACT ASSESSMENTS The Protection of Personal Information Act (Act No. 4 of 2014) (“POPIA”) commenced on 1 July 2020. All business and legal entities, whether owned by individuals, companies, partners, sole proprietors, close corporations, NGOs/PBOs, associations and business trusts, including dormant entities, are [...]
This article aims to assist foreigners or non-residents of South Africa to determine whether they can buy and invest in the real estate market of South Africa and what is to be expected before and during a property transaction. CAN A NON-RESIDENT BUY PROPERTY IN SOUTH AFRICA? South Africa has one of the most comprehensive [...]
Many individuals in South Africa are still members of Close Corporations. A Close Corporation (“CC”) is what is known as a juristic person – in law it is regarded as an entity separate from the individuals who are members of it. One of the features of a CC which flows from it being a separate [...]
INTRODUCTION With the Covid-19 pandemic taking the world by storm, more individuals are facing economic hardship than ever before. It is thus no secret that various South African households have also fallen on hard times due to a collapsing economy amid this worldwide pandemic. The ensuing financial crisis have caused individuals to become trapped in [...]
WHEN WILL THE PPA COME INTO OPERATION? Although the Property Practitioners Act 22 of 2019 (“PPA”) has been signed into law by the President, the date when it will come into operation must still be announced. OBJECTIVES OF THE PPA The principal object of the PPA is to repeal the Estate Agency Affairs Act 112 [...]
When purchasing a fixed property in South Africa, either Value-Added Tax (“VAT”) or Transfer Duty will always be payable on the transaction. Both VAT and Transfer Duty are calculated based on the purchase price or value of the property to be sold. A transaction cannot be subject to both VAT and Transfer Duty - it [...]
THE PRESENT LAW The Labour Appeal Court (“LAC”) recently rendered a significant judgment on resignation by an employee as a method to avoid disciplinary measures (disciplinary hearing). The matter of The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane (JA85/18) (“Chiloane”) is the case in reference, which was handed down on 10 December [...]
WHAT IS THE AFRICAN CONTINENTAL FREE TRADE AGREEMENT? The African Continental Free Trade Agreement (“the Agreement”) is one of the Flagship Projects of the African Union’s Agenda 2063 (“Agenda 2063”).[1] The Agreement responds to the aspirations of Agenda 2063, which is underpinned by the vision to build an integrated, prosperous, and peaceful African continent in [...]
INTRODUCTION Over the years many South Africans have been recruited to invest their hard-earned money, life savings, and even funds obtained on loan, into what they believe to be a legitimate business venture. Vulnerable people are lured in by companies that predominantly advertise on social media platforms. The aim of such advertising is to solicit [...]
