ARTICLES

There are very few things as exciting, yet so nerve wrecking, than buying, or selling your first property. Even though you will have an estate agent (in most cases) and a conveyancer guiding you through the process, you need to be aware of possible “hidden” costs when you budget for this huge step in your […]

The Children’s Act No. 38 of 2005 and South African common law states that all persons under the age of 18 are considered minors and have limited contractual capacity.  A contract may be concluded with a minor child without the consent or assistance of the parents or guardians provided that it does not impose any […]

As a Business Restructuring Professional, I consult with and assist many businesses in distress. Typical challenges experienced by businesses in the Garden Route and in South Africa are: Inconsistent cash flow resulting in Cash Flow Pressure Insufficient cash flow planning Profitability under pressure due to rising costs Ineffective cost management Ineffective debtor control Pressure from […]

Insured, congratulations! Now what? It is said that there are only 2 types of vehicle drivers: those who have been involved in a collision and those to still be involved in a collision. As morbid as the aforementioned statistic may be, consider for a moment that only 30 percent of vehicle drivers on SA roads […]

As we approach Wills Week 2024, it is crucial to understand the value of having a well-structured will, as well as the potential challenges of dying intestate (without a will). In South Africa, many individuals overlook the importance of drafting a will, often underestimating the impact of dying without one. This decision, however, can have […]

When a township development is approved by a municipality, a statutory condition is usually imposed that the developer must establish a Home Owners Association (hereinafter referred to as “HOA”) and subsequently an HOA condition is created in the title deeds of the properties in the development. These restrictive conditions often include that the owner of […]

A voluntary wind-up may refer to either the voluntary liquidation of a solvent company or the voluntary liquidation of an insolvent company.  Members’ voluntary winding-up (Solvent company) In terms of section 80 of the Companies Act of 2008 a solvent company may be wound up voluntarily if the company has adopted a special resolution to […]

Section 7(3) of the Divorces Act declared unconstitutional: On the 10th of October 2023, South Africa’s Apex Court confirmed that Section 7(3)(a) of the Divorce Act 70 of 1979 is inconsistent with the Constitution to the extent that it limits Section 7(3)’s application to marriages out of community of property concluded before the commencement of […]

Many companies find themselves under financial pressure in today’s challenging and complex economic and trading environment. It is imperative that directors of any business immediately take appropriate action and decisions when it comes to light that their business is in financial distress. This will allow for expert knowledge and advice to be obtained in time […]

NON-PECUNIARY DAMAGES IN A ROAD ACCIDENT FUND CLAIM: HOW DO I QUALIFY? A Road Accident Fund (RAF) claim for damages is likely to be available to you if you’ve been injured in a road accident that was not your fault. These could cover your past and future medical expenses, loss of income associated with the […]

THE “POWER” IN POWER OF ATTORNEY WHAT IS A POWER OF ATTORNEY? A Power of Attorney (“POA”) is a written document which provides legal authorisation to a designated person(s) (the agent) to act for and on behalf of someone else (the principal). The agent can be given broad or limited authority (power) to act on […]

My family member has been diagnosed with Alzheimer’s/Dementia, what now? Administrator appointment in terms of Section 60 of the Mental Health Care Act Alzheimer’s and Dementia are two of the most feared illnesses and are on the increase worldwide. It has numerous consequences, especially when it comes to the assets of the affected person, since […]