The right of first refusal

Posted on: November 21st, 2017 by Dugald Robertson

How a simple assumption unleashes unintended chaos. A right of first refusal is an ancillary or collateral agreement whereby one person binds himself to give preference to another person should he or she decide to sell the property in question. Most of us have encountered sale or lease agreements with a right of first refusal. […]


Posted on: November 6th, 2017 by Yaaseen Sheik

The Copyright Amendment Bill seeks to introduce the concept of “Digital Rights Management” into South African Law for the protection of digital media. What does “Digital Rights Management” entail and how will it affect the consumer? WHAT DOES DRM LOOK LIKE? Have you ever found yourself in a situation where you have purchased some new […]

Odds & Ends: What Falls within the Ambit of a ‘Credit Agreement under the NCA’ in SA

Posted on: October 16th, 2017 by Tholeka Ndabeni

All Creditors concluding agreements that qualify as credit agreements in terms of s8 of the National Credit Act must be registered as credit providers under the Act. Credit agreement includes credit facility as contemplated in s8(3) of the Act, a mortgage agreement or secured loan and any other agreement in terms of which payment of […]

Sales of Going Concerns Part II

Posted on: August 4th, 2017 by Jacques Blignaut

In the previous article we looked at the requirements to structure a sale as the sale of a going concern for purposes of Value Added Tax.  In this article, we will highlight other aspects that sellers and purchasers need to keep in mind when selling a farm as a going concern.  Read the article by Jacques […]

Zuma forgot to reshuffle the Equality Act

Posted on: June 13th, 2017 by Scott McLean

The recent decision taken by President Jacob Zuma to sack Finance Minister Pravin Gordhan and reshuffle cabinet has certainly fuelled the already raging fire of dissent felt by many South African citizens alike. The downgrade of the Rand to junk status was nothing if not inevitable, once our last pillar of hope had effectively been […]

Have you had enough of ‘Cold Calls’ yet?

Posted on: May 2nd, 2017 by Zandile Nonkasana

Have you ever wondered how you could stop that direct marketer from making cold calls to offer you life insurance cover, (which you already have), or a cellphone contract for the latest iPhone (got that too!), or just from calling you at awkward times of the day? The CPA and Cold Calls : The Consumer […]

The Land Holdings Bill

Posted on: April 11th, 2017 by Maryna Botha

Land is a critical factor for achieving redress for the wrongs of the past President Jacob Zuma announced the Land Holdings Bill, which will soon be tabled in Parliament, during his State of the Nation Address on Tuesday, 12 February 2015. The Bill prohibits outright foreign ownership of agricultural land and instead confines foreign nationals […]

Summary of the Property Practitioners Bill, 2016

Posted on: April 4th, 2017 by Maryna Botha

The Bill was published on 31 March 2017 in Government Gazette 40733 Notice Number 246 and the Department of Human Settlements calls for submissions and feedback within 30 days of the date of publication/for public comment. The notes below are summaries of the most relevant of the practical provisions for estate agents and other property […]

2017 Budget News

Posted on: February 23rd, 2017 by Maryna Botha

Individuals and special trusts 0 – 189 880 18% of taxable income 189 881 – 296 540 34 178 + 26% of taxable income above 189 880 296 541 – 410 460 61 910 + 31% of taxable income above 296 540 410 461 – 555 600 97 225 + 36% of taxable income above […]

Trusts – Should You Be Charging Interest On Loans Made To a Trust

Posted on: February 21st, 2017 by Maryna Botha

When will s7C apply? Clients who have made, as well as those who are considering making, interest-free or low-interest loans to trusts must take note of a recent inclusion to the Income Tax Act (“the Act”). This inclusion comes in the form of Section 7C, which was inserted in the latest Taxation Laws Amendment Act […]