Chastising Your Child: Parents Take Note

The question of whether parents should be allowed to chastise their children has been a heavily debated topic over the past couple of years.

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Litigation Versus Arbitration 

What is the difference between litigation and arbitration; two processes of dispute resolution in South Africa? In this article, I review the basic elements of each as well as the benefits and pitfalls one experiences when going through either. This article aims to clarify why you might prefer to use the one means over the other to resolve a civil dispute.

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Facilitation and Divorce

What happens when mediation fails and the parents cannot agree? Litigation is expensive and is time-consuming. In an endeavour to address this problem, a practice was developed a number of years ago in an attempt to keep parenting disputes out of Court by enhancing the powers of a mediator and elevating the position to what was called (in the Western Cape) “facilitation”.

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Property Development Community Tackles Tough Topics

On 5 September 2018, STBB hosted approximately 600 members of the Western Cape property development community at the CTICC for an evening of hard-hitting presentations and though-provoking debate.

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Challenging a Signed Contract based on Prior Verbal Discussions

A signed contract is presumed to set the terms of an agreement in stone. But can such a contract subsequently be challenged based on prior verbal discussions, possible tacit understandings and perceived ambiguity or vagueness?

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Is Polly, ‘Flaffie’ or your Beloved iKati Welcome in your Sectional Title Home?

The new Community Schemes Ombud Service Act is designed to simplify the resolution of disputes between sectional title scheme body corporates and home owners, including those pesky problems with pets.

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New Tax on Loans to Trusts

A new insert in the recently amended Income Tax Act sees interest-free and low-interest loans to trusts now made subject to donations tax of 20%. And not only does it apply to loans made from 1 March 2017, but also targets existing agreements. The good news is that there is possibly some relief.

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You And Your Spouse Agree To A Divorce, Now What?

  When two spouses agree to terminate their marriage by way of divorce, the process does not have to be as daunting as it appears. As Family Law experts, we assist clients to concur on the way forward, and then draft a Consent Paper to clearly record the terms of the agreement reached. Once the […]

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Sale Of A Farm As A Going Concern

In order to avoid the cash flow implications of paying VAT, most farmers, when disposing of the whole or a portion of a farm, would do so by selling the farm or the specific portion as a going concern. The agreements that govern such transactions can be complex. Read the article by Jacques Blignaut, STBB […]

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

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 […]

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