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A BRIEF OVERVIEW ON CAPITAL GAIN TAX

Often an individual may have an idea that, when an immovable property is disposed of, some form of capital gains tax (“CGT”) may become payable. However, often the intricacies of how CGT is calculated is a mystery to a lay person. This article attempts to, very briefly, offer some perspective on how one would tackle … Continue reading A BRIEF OVERVIEW ON CAPITAL GAIN TAX

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CURATING A LONG-TERM APPROACH TO CORPORATE GOVERNANCE IN SOUTH AFRICA

The Company’s health vs Shareholders’ wealth Contemporary corporate governance appears to place precedence on the importance of shareholder value creation, even if the value created for shareholders is at the expense of long-term strategies of the company, the environment and surrounding communities. This elicits a moral paradox which directors of companies are increasingly faced with … Continue reading CURATING A LONG-TERM APPROACH TO CORPORATE GOVERNANCE IN SOUTH AFRICA

USING REASONABLE FORCE IN OBTAINING AN ARREST

 Introduction Section 49 of the Criminal Procedure Act[1] (the “CPA”) sets out provisions where the use of force and deadly force may be lawfully used in obtaining an arrest of a suspect. Unfortunately, it sometimes occurs that when the use of deadly force is employed by an arrestor (such as a law enforcement official) in … Continue reading USING REASONABLE FORCE IN OBTAINING AN ARREST

LAW FIRM INNOVATION: CREATING SOMETHING DIFFERENT

People tend to think of law as slow moving, immutable and disconnected from daily life, and lawyers have a reputation for being cautious and resistant to change. However, some key players in the legal industry have begun to leverage technology to provide more effective and efficient services to clients, improve access to justice and make … Continue reading LAW FIRM INNOVATION: CREATING SOMETHING DIFFERENT

Getting your fair share – Universal partnership claims for unmarried individuals who are in a domestic partnership, or who cohabit or live together

  Introduction In South Africa, there seems to be a large misconception that individuals who live together for a long period of time will enter into a “common law marriage”. In fact, at present, there is no such legal relationship that comes into existence under South African law, and living together with another individual for … Continue reading Getting your fair share – Universal partnership claims for unmarried individuals who are in a domestic partnership, or who cohabit or live together

“WHERE DO I STAND? EXPLORING LOSS OF SUPPORT CLAIMS AGAINST THE RAF IN THE CASE OF A PERMANENT LIFE PARTNER”

“The Road Accident Fund (“RAF”) Act 56 of 1996 (“the Act”) was established to compensate any person (“third party”) for any loss which the third party suffered as a result of bodily injury to himself or herself, or for the death or bodily injury to any other person arising from driving a motor vehicle by … Continue reading “WHERE DO I STAND? EXPLORING LOSS OF SUPPORT CLAIMS AGAINST THE RAF IN THE CASE OF A PERMANENT LIFE PARTNER”

CONTRACTUAL DAMAGES

ThE QUESTION OF damages arising from a breach of contract The law of contract distinguishes between four types of damages, briefly: General Damages (intrinsic damages) General damages typically arise where a breach of an obligation (in terms of contract law) result in damages which flow ‘naturally’ or directly from the breach in question.[1] Similarly, general … Continue reading CONTRACTUAL DAMAGES

BUILDING A CULTURE OF INNOVATION IN LAW

Innovation is crucial to the continuing success of any organisation. I have quickly learned that there are no limits to innovation no matter the industry. Innovation has become increasingly relevant in the legal space; whether it being innovative in terms of staff engagement, organisational culture, technology or operations. Besides providing a good service, firms need … Continue reading BUILDING A CULTURE OF INNOVATION IN LAW

UNDERSTANDING SIMULATED TRANSACTIONS

Creative drafting methods that honestly and genuinely arrange a transaction in a manner which lawfully outwits the parameters of the law, is not only permissible, it also encourages legal development. However, when such legal ingenuity is left unrestrained, to the extent that the transaction or suite of transactions creates an intention which does not reflect … Continue reading UNDERSTANDING SIMULATED TRANSACTIONS