ARE AGREEMENTS TO AGREE ENFORCEABLE IN THE ABSENCE OF A DEADLOCK-BREAKING MECHANISM?

PART 2 [update to our article: http://themislawchambers.co.za/agreements-agree-parties-obligation-negotiate-good-faith/ due to the legal position following a new case] Agreements to agree (Pacta de Contrahenda) are generally regarded as a kind of contract which has the purpose of creating an agreement in the future. Parties to an agreement may not be able to agree on some of the…

CRIMES OF EMPLOYEES VISITED ON THEIR EMPLOYERS

In recent judgments by the Supreme Court of Appeal and the High Court in Johannesburg, our courts have held that employers may be held liable for the damages caused by the criminal conduct of their employees in spite of the fact that such criminal conduct was clearly not committed in the course and scope of…

COVID-19 SOUTH AFRICAN LOCKDOWN: SUMMARY OF REGULATIONS

As the impending 21-day lockdown approaches, new regulations were published on 25 March 2020 in terms of section 27(2) of the Disaster Management Act No. 57 of 2002 (“the Act”), to supplement the existing regulations published on 18 March 2020 in terms of the same Act and to cater specifically for the conditions of lockdown…

EXPATRIATE TAX – WILL IT AFFECT ME?

Many South African expatriates, i.e. South Africans living and working abroad, or planning to will presumably be anxious to know whether the “expatriate tax” which refers to the amended section 10(1)(o) of the Income Tax Act, will apply to them when it comes into effect from 1 March 2020 and in respect of years of…

END OF THE FREE RIDE FOR DEFAULTING TENANTS

INTRODUCTION Good news for landlords who are struggling with non-paying tenants: our courts have recently held that, under certain circumstances, landlords may lawfully disconnect utilities supplied by landlords to non-paying tenants without first needing to obtain a court order authorising the landlord to do so. In the past, our courts have held that landlords may…

JUDICIAL REVIEW AS A REMEDY FOR UNLAWFUL DECISION-MAKING

By Michael Jones (Associate at Hayes Incorporated) It is a fundamental principle of the South African law that government agencies and public functionaries may only do that which they are legally authorised to do. This is known as the ‘principle of legality’ and was espoused in the seminal case of Fedsure Life Assurance Ltd v…

YOUR COMPANY’S STATUTORY RECORDS

By Meryl Cummings (Head of Company Secretarial Department) When we are instructed to register a company, our client’s focus is generally on registering the Certificate of Incorporation. Once this is registered the company is able to transact and conduct its business. After incorporation, very little attention is given to the maintenance of the company’s statutory…

BUILDING PLAN APPROVAL

Imagine you own a property in Walmer Estate, Cape Town with sweeping views of Table Mountain and Table Bay. One day you discover that your boundary wall has been damaged by your neighbours who are busy clearing their property in preparation for major new building work.