Does a settlement agreement constitute a credit agreement?
Does a settlement agreement constitute a credit agreement? In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). The court’s decision, which emphasised the importance of preserving the amicable resolution of disputes, […]
Understanding living wills
Understanding living wills When one thinks of a will, the first thing that comes to mind is probably a last will and testament. This type of will expresses a person’s wishes after they have died. However, a living will, despite sharing some similarities with a last will and testament, is not the same thing. It […]
When Can My Employer Convert My Paid Suspension to Unpaid?
When Can My Employer Convert My Paid Suspension to Unpaid? . Generally, employees suspended during a disciplinary enquiry are entitled to their full salary. This suspension allows for a thorough investigation of the incident in the workplace without distractions or obstructions by the employee. However, there are times when an employer might feel that they’re […]
Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]
Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country’s trust governance, a direct response to its greylisting status, and has significant […]
Properly executing a will is extremely important
Properly executing a will is extremely important I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my […]
Tax breaks for retirement funding
Tax breaks for retirement funding While there are very few tax breaks for individuals, some huge ones are available for retirement funding Retirement tax breaks in South Africa are designed to incentivise individuals to save for retirement and provide them with tax relief on contributions to retirement funds. The government has implemented various tax incentives […]
Precautionary suspension of an employee – What are the requirements?
Precautionary suspension of an employee – What are the requirements? The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The circumstances warranting such a suspension differ from case to case. Reasons for a suspension can include that the […]
Think before you sign: 5 things to consider before signing a contract
Think before you sign: 5 things to consider before signing a contract The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There will be no agreement between the parties if there is a counteroffer to an offer. However, […]
Transfer duty. No surprises. Part I
Transfer duty. No surprises. Part I Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way of a transaction or in any other way, or on the amount by which the value of any property is enhanced by […]