Mutatis mutandis

Mutatis mutandis

Mutatis mutandis: things being changed that have to be changed Mutatis mutandis is a Latin maxim most often used when importing the terms of one document into another. The literal translation is “things being changed that have to be changed”. For example, if the...

Disciplinary Hearings

Disciplinary Hearings

Disciplinary Hearings within the workplace - What All Employers and Employees Should Know It is important for employers to know that employees cannot be dismissed without following proper procedures. Disciplinary hearings is to ascertain if the employee is guilty of...

Employment Contract

Employment Contract

Employment Contract – What all Employers and Employees should know. If you are an employee (as defined in the Basic Conditions of Employment Act, 1997 – “the Act”), you must insist on having a written employment contract setting out all the details of your employment....

Set-off

Set-off

What does set-off mean? Set-off allows for the termination of mutual obligations between parties without an exchange of performance. This is a well-established principle of South African common law dating back to Roman Law. However, the National Credit Act, 2005 and...

Can your ex inherit?

Can your ex inherit?

Can your ex inherit in terms of your will? If you had your will drawn up while you were married, in all likelihood you made your spouse a beneficiary of your estate. If you subsequently divorced your spouse, your ex will still be a beneficiary unless: Your will makes...

Shareholders’ Resolution

Shareholders’ Resolution

When do Directors need to get a Shareholders' Resolution? Under the Companies Act 71 of 2008 (“the Act”) directors have substantial powers regarding the management and control of a company on a day-to-day basis. This is useful to allow the directors to get on with the...

Backup Offers

Backup Offers

What are Backup Offers? A backup offer occurs when a seller concludes a sale agreement with a buyer (primary offer) which is subject to one or more suspensive conditions, and then the same seller signs a later sale agreement with a second buyer (the backup offer)....

Huur gaat voor koop

Huur gaat voor koop

Huur gaat voor koop – what does this mean? Roughly translated, huur gaat voor koop means: an existing lease trumps a subsequent sale. What are the legal consequences of this principle? (a) When a property which is subject to a lease is transferred, the purchaser steps...

Termination of a Trust

Termination of a Trust

When to consider termination of a trust If you have a family trust that is inactive or not being utilised it may be prudent to have it terminated in order to save costs and avoid potential issues in the future. Some factors when deciding whether to consider...

Property Sale Agreement

Property Sale Agreement

Is the deposit clause in your Property Sale Agreement up to date? When a purchaser is obliged to pay a deposit to conveyancers pursuant to a sale of property agreement, the sale agreement should provide for the deposit to be invested on behalf of the purchaser pending...