Legal Articles

75% of Black South Africans do not Have a Will

Not having a will can cause serious conflict between family members, and the unfortunate reality is that those closest to you are often the ones left behind with nothing to inherit. A recent study don by Sanlam shows that 75% of black South Africans do not have a will. But what exactly does this mean for the family?

Overruling of Roe v Wade – How Does This Affect Access to Abortion in South Africa?

On the 24^th of June 2022, The United States Supreme Court overruled Roe v. Wade, declaring that the constitutional right to abortion no longer exists. The question is how this decision will impact abortion laws in other countries, including South Africa.

Patents, Trademarks & Copyrights - What Is The Difference?

Registering a right of title over a thing that one owns, comes with immense benefits. Not only does it bring certainty and security, it also presents a legally recognised premise upon which one can enforce their rights over that thing. 

Are Unregistered Trademarks Protected Against Infringement?

A trademark is a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person.’ 

Who Can Claim From The RAF - Well, Not Everyone

Towards the end of November last year, someone randomly posted on the popular social media platform Facebook the following, “Guys please advise me, if a car hits me later today when I walk to the football game, will Road Accident Fund pay me before Christmas?”

When Co-Executors Lock Horns

A difference in opinion is sometimes inevitable whenever a decision has to be made jointly amongst a group of people, and often at times this results in confrontations and disputes. In some instances, these disagreements often have to be resolved before the Courts or by any other dispute resolution process available. In most contracts even, parties usually provide for a dispute resolution process should a dispute arise during the currency of the agreement. What happens when, during the administration of a deceased estate, the co-executors do not agree with each other?

When A Trustee Cannot Be Trusted

The responsibilities and obligations of a Trustee are fiduciary in nature, much in the same way as those of a company director. Trustees ought to conduct themselves in a manner that serves the best interests of the trust and the beneficiaries. Where the conduct of a trustee negates this notion therefore, he/she may be removed from such position.

Binding General Ruling (VAT) 57 - A Brief Analysis

On the 20^th of October 2021, the South African Revenue Service (SARS) issued BGR 57 to clarify the position on whether, for tax purposes and the calculation of notional input tax deduction, the term ‘consideration’ includes an amount paid or payable as transfer duty when a second-hand fixed property is purchased by a VAT vendor from a non-vendor.

Before we delve much into Binding General Rule (VAT) 57 and its effect, let us give this scenario a bit of context.

Is A Refusal To Vaccinate "A Refusal To Make The Workplace Safe?" CCMA Agrees, But...

Legal discourse in the past year (2021) has been awash with discussions surrounding the issue of mandatory vaccination not only in the workplace, but also in various sectors of the economy. To date the vaccination drive is on voluntary basis for the general populace and some sectors of trade and industry, although the business community has vigorously pushed for the government to consider and pursue policies on vaccine mandates for employees. As per the Occupation Health and Safety Act 93 of 1995 employers have an obligation to ensure and provide a safe working environment.

Things To Avoid When Applying For A Protection Order

The prevalence of domestic violence incidences in our society currently, is worrying. A good number of such cases do not get reported due to various dynamics such as the perpetrator threatening the victim, or the victim being persuaded by other family members to not report the perpetrator as he/she is the ‘only bread winner’ in the family. Amidst all this, to have protection order applications being thrown out by the Courts, is not encouraging at all. In this brief article we discuss some factors which may cause a protection order application not to succeed.