In terms of Section 66(1) of the Companies Act (2008) (“the Companies Act”), the business and affairs of a company must be managed by or under the direction of its board of directors, which has the authority to exercise all of the powers and perform any of the functions of the company, except to the [...]
In this article we are taking a look at the Sectional Titles Amendment Bill 2020 (“the Bill”) and the proposed changes it will bring. The Bill was introduced by the Minister of Agriculture, Land Reform and Rural Development to the National Assembly on the 2nd of November 2020. The Bill has not yet become law. [...]
INTRODUCTION This article aims to highlight the duty and obligations of Community Schemes to ensure the protection of its owners and/or residents in the scheme, in adherence to the Protection of Personal Information Act 4 of 2013 (“POPIA”) which came into operation on the 1st of July 2021. We intend to provide you with the [...]
A CASE NOTE: BRIMBLE-HANNATH V HANNATH & OTHERS [2021] ZAWCHC 102 The Applicant (the wife of the deceased) approached the court seeking an order removing the First and Second Respondents (the daughters of the deceased) as executors of the estate of the deceased. The Applicant submitted a claim in the range of R6.2 million against [...]
LIABILITY OF CREDITORS TO PAY A CONTRIBUTION WHERE THERE IS INSUFFICIENT OR NO FREE RESIDUE IN AN INSOLVENT ESTATE TO MEET EXPENSES, COSTS AND CHARGES OF SEQUESTRATION The following article discusses an interpretation of Section 106 read with Sub-Sections 89(2) and 14 (3) of the Insolvency Act 24 of 1936 (“the Act”) and specifically with [...]
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 [...]
Alliott Global Alliance announces the expansion of its international alliance of independent accounting and law firms to its 80th country. Alliott Global Alliance (‘AGA’) has reached another milestone in its development by increasing the international coverage it can offer to clients and member firms to 80 countries. This announcement comes on the heels of law [...]
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 [...]
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